SB 205: Local Government Omnibus Act of 2017.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-09-30
(1)The California Constitution requires, among others, all public officers to take a specified oath of office. Existing statutory law requires any officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law requires all sums paid by the Controller for the postponement of property taxes be secured by a lien in favor of the state. In the case of a lien on real property for this purpose, existing law requires, among other things, the recorder for the county in which the real property is subject to the lien to provide a copy of the notice of lien to the county tax collector.
This bill would instead require the Controller to provide a copy of the notice of lien to the county tax collector and would additionally require a copy of the notice of lien to be provided to the county assessor.
(3)Existing law establishes a formula for calculating the interest on a payment made by the Controller for postponed property taxes from the time a payment is made. Under existing law, for purposes of this provision, a payment is deemed to be made at the time an electronic funds transfer is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. Existing law, in the event of willful neglect, authorizes an electronic funds transfer for that current fiscal year to be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. Existing law, if a denial of a claim for postponement is reversed on appeal, requires the Controller to electronically transfer funds to the county.
This bill would instead deem a payment to be made at the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. The bill would instead authorize a payment from the Controller to be used to pay delinquent taxes under the circumstances described above. The bill would eliminate the requirement that funds be transferred electronically if a denial of a claim for postponement is reversed on appeal. The bill would also make various conforming changes.
(4)Existing law requires the Controller to reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by specified amounts paid by the Franchise Tax Board or by certain other authorized amounts.
This bill would require that payments received for the reduction of the obligation be applied first to any interest due on the loan, 2nd to the principal property tax amount, and finally, if there is any remaining balance, to administrative fees.
(5)Existing law authorizes recordation of certain documents, including a release, discharge, or subordination of a lien for postponed property taxes, without acknowledgment, certificate of acknowledgment, or further proof.
This bill would delete the reference to the subordination of a lien for postponed property taxes from the list of documents that may be recorded without acknowledgment, certificate of acknowledgment, or further proof.
(6)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(7)Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors or county officers in equivalent positions.
(8)Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricula to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(9)Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agencys Internet Web site.
(10)Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agencys Internet Web site instead of being posted in the library.
(11)Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross-references and add 2 missing cross-references.
(12)Existing law, except as provided in the property tax postponement program, prohibits a certificate of eligibility from being used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.
This bill would eliminate that prohibition.
(13)Existing law, with respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other specified type of account, requires the tax collector to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller transferred to the tax collector via an electronic fund transfer. Existing law requires the county auditor, treasurer, or disbursing officer to send a check, in the amount of money based on the electronic transfer by the Controller, to the Controller within 60 days of the replicated payment.
This bill, upon receipt of the payment by the Controller, as specified, would require the tax collector to maintain a record of the fact that taxes on the property have been postponed and, with respect to a claimant described above, to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector. The bill would instead require the county auditor, treasurer, or disbursing officer to refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(14)Existing law, upon receipt of a notice of lien for postponed property taxes from the Controller, requires the tax collector or the assessor, whichever is applicable, to immediately enter on the assessment records applicable to the property the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller of a subsequent change in ownership status, as provided.
This bill would instead require the assessor to maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller as described above.
(15)Existing law requires, for purposes of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, that all losses and nonexpenses be converted to zero for the purpose of determining whether the homeowner meets the property tax postponement requirement.
This bill would instead require that all losses and nonexpenses be converted to zero, as specified above, for the purposes of property tax postponement.
(16)Existing law requires that a claimant for property tax postponement, generally, be an individual who is a member of the household, is either an owner-occupant, tenant stockholder occupant, or possessory interestholder occupant of the residential dwelling as to which postponement is claimed, and is either 62 years of age or older, blind, or disabled. With respect to blind and disabled claimants, existing law requires that the claimant be blind or disabled, as specified, at the time of application or on December 10 of the fiscal year for which postponement is claimed, whichever is earlier.
This bill would instead require, for blind and disabled claimants, that the claimant be blind or disabled at the time of application or on February 10 of the fiscal year for which postponement is claimed.
(17)Existing law authorizes a claimant to file with the Controller a claim for postponement in a specified amount for the fiscal year for which the claim is made. Existing law requires the Controller, upon verification of specified eligibility requirements, to mail to the claimant a Notice of Election to Postpone, as specified. When the Controller approves the Notice of Election to Postpone, existing law requires the Controller to make payments directly to the county tax collector.
This bill would instead require the Controller to issue payment to the county tax collector or other appropriate payee, as determined by the Controller.
(18)This bill would make various technical changes related to the property tax postponement program, including updating statutory references to the Senior Citizens and Disabled Citizens Property Tax Postponement Fund and deleting obsolete references to certificates of eligibility and postponement for mobilehomes.
(19)Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(20)The Sacramento Area Flood Control Agency Act defines the term project for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(21)Existing law, the Vallejo Sanitation and Flood Control District Act, creates the Vallejo Sanitation and Flood Control District within the County of Solano for purposes relating to the collection and disposal of sewage and industrial waste and the control and disposition of storm and flood waters.
This bill would rename the act as the Vallejo Flood and Wastewater District Act and the district as the Vallejo Flood and Wastewater District. The bill would make other nonsubstantive changes within the act.
(22)By changing the duties of local officials with respect to the administration of the property tax postponement program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The California Constitution requires, among others, all public officers to take a specified oath of office. Existing statutory law requires any officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law requires all sums paid by the Controller for the postponement of property taxes be secured by a lien in favor of the state. In the case of a lien on real property for this purpose, existing law requires, among other things, the recorder for the county in which the real property is subject to the lien to provide a copy of the notice of lien to the county tax collector.
This bill would instead require the Controller to provide a copy of the notice of lien to the county tax collector and would additionally require a copy of the notice of lien to be provided to the county assessor.
(3)Existing law establishes a formula for calculating the interest on a payment made by the Controller for postponed property taxes from the time a payment is made. Under existing law, for purposes of this provision, a payment is deemed to be made at the time an electronic funds transfer is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. Existing law, in the event of willful neglect, authorizes an electronic funds transfer for that current fiscal year to be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. Existing law, if a denial of a claim for postponement is reversed on appeal, requires the Controller to electronically transfer funds to the county.
This bill would instead deem a payment to be made at the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. The bill would instead authorize a payment from the Controller to be used to pay delinquent taxes under the circumstances described above. The bill would eliminate the requirement that funds be transferred electronically if a denial of a claim for postponement is reversed on appeal. The bill would also make various conforming changes.
(4)Existing law requires the Controller to reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by specified amounts paid by the Franchise Tax Board or by certain other authorized amounts.
This bill would require that payments received for the reduction of the obligation be applied first to any interest due on the loan, 2nd to the principal property tax amount, and finally, if there is any remaining balance, to administrative fees.
(5)Existing law authorizes recordation of certain documents, including a release, discharge, or subordination of a lien for postponed property taxes, without acknowledgment, certificate of acknowledgment, or further proof.
This bill would delete the reference to the subordination of a lien for postponed property taxes from the list of documents that may be recorded without acknowledgment, certificate of acknowledgment, or further proof.
(6)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(7)Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors or county officers in equivalent positions.
(8)Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricula to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(9)Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agencys Internet Web site.
(10)Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agencys Internet Web site instead of being posted in the library.
(11)Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross-references and add 2 missing cross-references.
(12)Existing law, except as provided in the property tax postponement program, prohibits a certificate of eligibility from being used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.
This bill would eliminate that prohibition.
(13)Existing law, with respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other specified type of account, requires the tax collector to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller transferred to the tax collector via an electronic fund transfer. Existing law requires the county auditor, treasurer, or disbursing officer to send a check, in the amount of money based on the electronic transfer by the Controller, to the Controller within 60 days of the replicated payment.
This bill, upon receipt of the payment by the Controller, as specified, would require the tax collector to maintain a record of the fact that taxes on the property have been postponed and, with respect to a claimant described above, to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector. The bill would instead require the county auditor, treasurer, or disbursing officer to refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(14)Existing law, upon receipt of a notice of lien for postponed property taxes from the Controller, requires the tax collector or the assessor, whichever is applicable, to immediately enter on the assessment records applicable to the property the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller of a subsequent change in ownership status, as provided.
This bill would instead require the assessor to maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller as described above.
(15)Existing law requires, for purposes of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, that all losses and nonexpenses be converted to zero for the purpose of determining whether the homeowner meets the property tax postponement requirement.
This bill would instead require that all losses and nonexpenses be converted to zero, as specified above, for the purposes of property tax postponement.
(16)Existing law requires that a claimant for property tax postponement, generally, be an individual who is a member of the household, is either an owner-occupant, tenant stockholder occupant, or possessory interestholder occupant of the residential dwelling as to which postponement is claimed, and is either 62 years of age or older, blind, or disabled. With respect to blind and disabled claimants, existing law requires that the claimant be blind or disabled, as specified, at the time of application or on December 10 of the fiscal year for which postponement is claimed, whichever is earlier.
This bill would instead require, for blind and disabled claimants, that the claimant be blind or disabled at the time of application or on February 10 of the fiscal year for which postponement is claimed.
(17)Existing law authorizes a claimant to file with the Controller a claim for postponement in a specified amount for the fiscal year for which the claim is made. Existing law requires the Controller, upon verification of specified eligibility requirements, to mail to the claimant a Notice of Election to Postpone, as specified. When the Controller approves the Notice of Election to Postpone, existing law requires the Controller to make payments directly to the county tax collector.
This bill would instead require the Controller to issue payment to the county tax collector or other appropriate payee, as determined by the Controller.
(18)This bill would make various technical changes related to the property tax postponement program, including updating statutory references to the Senior Citizens and Disabled Citizens Property Tax Postponement Fund and deleting obsolete references to certificates of eligibility and postponement for mobilehomes.
(19)Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(20)The Sacramento Area Flood Control Agency Act defines the term project for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(21)Existing law, the Vallejo Sanitation and Flood Control District Act, creates the Vallejo Sanitation and Flood Control District within the County of Solano for purposes relating to the collection and disposal of sewage and industrial waste and the control and disposition of storm and flood waters.
This bill would rename the act as the Vallejo Flood and Wastewater District Act and the district as the Vallejo Flood and Wastewater District. The bill would make other nonsubstantive changes within the act.
(22)By changing the duties of local officials with respect to the administration of the property tax postponement program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The California Constitution requires, among others, all public officers to take a specified oath of office. Existing statutory law requires any officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law requires all sums paid by the Controller for the postponement of property taxes be secured by a lien in favor of the state. In the case of a lien on real property for this purpose, existing law requires, among other things, the recorder for the county in which the real property is subject to the lien to provide a copy of the notice of lien to the county tax collector.
This bill would instead require the Controller to provide a copy of the notice of lien to the county tax collector and would additionally require a copy of the notice of lien to be provided to the county assessor.
(3)Existing law establishes a formula for calculating the interest on a payment made by the Controller for postponed property taxes from the time a payment is made. Under existing law, for purposes of this provision, a payment is deemed to be made at the time an electronic funds transfer is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. Existing law, in the event of willful neglect, authorizes an electronic funds transfer for that current fiscal year to be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. Existing law, if a denial of a claim for postponement is reversed on appeal, requires the Controller to electronically transfer funds to the county.
This bill would instead deem a payment to be made at the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. The bill would instead authorize a payment from the Controller to be used to pay delinquent taxes under the circumstances described above. The bill would eliminate the requirement that funds be transferred electronically if a denial of a claim for postponement is reversed on appeal. The bill would also make various conforming changes.
(4)Existing law requires the Controller to reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by specified amounts paid by the Franchise Tax Board or by certain other authorized amounts.
This bill would require that payments received for the reduction of the obligation be applied first to any interest due on the loan, 2nd to the principal property tax amount, and finally, if there is any remaining balance, to administrative fees.
(5)Existing law authorizes recordation of certain documents, including a release, discharge, or subordination of a lien for postponed property taxes, without acknowledgment, certificate of acknowledgment, or further proof.
This bill would delete the reference to the subordination of a lien for postponed property taxes from the list of documents that may be recorded without acknowledgment, certificate of acknowledgment, or further proof.
(6)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(7)Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors or county officers in equivalent positions.
(8)Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricular to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(9)Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agencys Internet Web site.
(10)Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agencys Internet Web site instead of being posted in the library.
(11)Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross references and add two missing cross-references.
(12)Existing law, except as provided in the property tax postponement program, prohibits a certificate of eligibility from being used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.
This bill would eliminate that prohibition.
(13)Existing law, with respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other specified type of account, requires the tax collector to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller transferred to the tax collector via an electronic fund transfer. Existing law requires the county auditor, treasurer, or disbursing officer to send a check, in the amount of money based on the electronic transfer by the Controller, to the Controller within 60 days of the replicated payment.
This bill, upon receipt of the payment by the Controller, as specified, would require the tax collector to maintain a record of the fact that taxes on the property have been postponed and, with respect to a claimant described above, to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector. The bill would instead require the county auditor, treasurer, or disbursing officer to refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(14)Existing law, upon receipt of a notice of lien for postponed property taxes from the Controller, requires the tax collector or the assessor, whichever is applicable, to immediately enter on the assessment records applicable to the property the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller of a subsequent change in ownership status, as provided.
This bill would instead require the assessor to maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller as described above.
(15)Existing law requires, for purposes of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, that all losses and nonexpenses be converted to zero for the purpose of determining whether the homeowner meets the property tax postponement requirement.
This bill would instead require that all losses and nonexpenses be converted to zero, as specified above, for the purposes of property tax postponement.
(16)Existing law requires that a claimant for property tax postponement, generally, be an individual who is a member of the household, is either an owner-occupant, tenant stockholder occupant, or possessory interestholder occupant of the residential dwelling as to which postponement is claimed, and is either 62 years of age or older, blind, or disabled. With respect to blind and disabled claimants, existing law requires that the claimant be blind or disabled, as specified, at the time of application or on December 10 of the fiscal year for which postponement is claimed, whichever is earlier.
This bill would instead require, for blind and disabled claimants, that the claimant be blind or disabled at the time of application or on February 10 of the fiscal year for which postponement is claimed.
(17)Existing law requires that a claim for postponement of property taxes be for the residential dwelling, defined generally as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for the use of the dwelling as a home that is owned by the claimant alone or by the claimant and other specified individuals.Existing law authorizes an applicant, defined as including a public agency, an entity acting on behalf of and with the written consent of a public agency, or a financial institution for specified purposes, to assist property owners in financing the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements through the issuance of Property Assessed Clean Energy (PACE) bonds that are secured by a voluntary contractual assessment on property or a special tax on property.This bill would exclude from a residential dwelling eligible for the property tax postponement program any residential dwelling that is subject to a PACE bond. (18)(17)Existing law authorizes a claimant to file with the Controller a claim for postponement in a specified amount for the fiscal year for which the claim is made. Existing law requires the Controller, upon verification of specified eligibility requirements, to mail to the claimant a Notice of Election to Postpone, as specified. When the Controller approves the Notice of Election to Postpone, existing law requires the Controller to make payments directly to the county tax collector.
This bill would instead require the Controller to issue payment to the county tax collector or other appropriate payee, as determined by the Controller.
(19)(18)This bill would make various technical changes related to the property tax postponement program, including updating statutory references to the Senior Citizens and Disabled Citizens Property Tax Postponement Fund and deleting obsolete references to certificates of eligibility and postponement for mobilehomes.
(20)(19)Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(21)(20)The Sacramento Area Flood Control Agency Act defines the term project for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(21)Existing law, the Vallejo Sanitation and Flood Control District Act, creates the Vallejo Sanitation and Flood Control District within the County of Solano for purposes relating to the collection and disposal of sewage and industrial waste and the control and disposition of storm and flood waters.
This bill would rename the act as the Vallejo Flood and Wastewater District Act and the district as the Vallejo Flood and Wastewater District. The bill would make other nonsubstantive changes within the act.
(22)By changing the duties of local officials with respect to the administration of the property tax postponement program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The California Constitution requires, among others, all public officers, officers to take a specified oath of office. Existing statutory law requires any officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law requires all sums paid by the Controller for the postponement of property taxes be secured by a lien in favor of the state. In the case of a lien on real property for this purpose, existing law requires, among other things, the recorder for the county in which the real property is subject to the lien to provide a copy of the notice of lien to the county tax collector.
This bill would instead require the Controller to provide a copy of the notice of lien to the county tax collector and would additionally require a copy of the notice of lien to be provided to the county assessor.
(3)Existing law establishes a formula for calculating the interest on a payment made by the Controller for postponed property taxes from the time a payment is made. Under existing law, for purposes of this provision, a payment is deemed to be made at the time an electronic funds transfer is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. Existing law, in the event of willful neglect, authorizes an electronic funds transfer for that current fiscal year to be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. Existing law, if a denial of a claim for postponement is reversed on appeal, requires the Controller to electronically transfer funds to the county.
This bill would instead deem a payment to be made at the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. The bill would instead authorize a payment from the Controller to be used to pay delinquent taxes under the circumstances described above. The bill would eliminate the requirement that funds be transferred electronically if a denial of a claim for postponement is reversed on appeal. The bill would also make various conforming changes.
(4)Existing law requires the Controller to reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by specified amounts paid by the Franchise Tax Board or by certain other authorized amounts.
This bill would require that payments received for the reduction of the obligation be applied first to any interest due on the loan, 2nd to the principal property tax amount, and finally, if there is any remaining balance, to administrative fees.
(5)Existing law authorizes recordation of certain documents, including a release, discharge, or subordination of a lien for postponed property taxes, without acknowledgment, certificate of acknowledgment, or further proof.
This bill would delete the reference to the subordination of a lien for postponed property taxes from the list of documents that may be recorded without acknowledgment, certificate of acknowledgment, or further proof.
(2)(6)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(3)(7)Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors, county chief financial officers, county directors of finance, or an equivalent county office. auditors or county officers in equivalent positions.
(4)(8)Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricular to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(5)(9)Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agencys Internet Web site.
(6)(10)Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agencys Internet Web site instead of being posted in the library.
(7)(11)Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross references and add two missing cross-references.
(12)Existing law, except as provided in the property tax postponement program, prohibits a certificate of eligibility from being used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.
This bill would eliminate that prohibition.
(13)Existing law, with respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other specified type of account, requires the tax collector to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller transferred to the tax collector via an electronic fund transfer. Existing law requires the county auditor, treasurer, or disbursing officer to send a check, in the amount of money based on the electronic transfer by the Controller, to the Controller within 60 days of the replicated payment.
This bill, upon receipt of the payment by the Controller, as specified, would require the tax collector to maintain a record of the fact that taxes on the property have been postponed and, with respect to a claimant described above, to notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector. The bill would instead require the county auditor, treasurer, or disbursing officer to refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(14)Existing law, upon receipt of a notice of lien for postponed property taxes from the Controller, requires the tax collector or the assessor, whichever is applicable, to immediately enter on the assessment records applicable to the property the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller of a subsequent change in ownership status, as provided.
This bill would instead require the assessor to maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and to notify the Controller as described above.
(15)Existing law requires, for purposes of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, that all losses and nonexpenses be converted to zero for the purpose of determining whether the homeowner meets the property tax postponement requirement.
This bill would instead require that all losses and nonexpenses be converted to zero, as specified above, for the purposes of property tax postponement.
(16)Existing law requires that a claimant for property tax postponement, generally, be an individual who is a member of the household, is either an owner-occupant, tenant stockholder occupant, or possessory interestholder occupant of the residential dwelling as to which postponement is claimed, and is either 62 years of age or older, blind, or disabled. With respect to blind and disabled claimants, existing law requires that the claimant be blind or disabled, as specified, at the time of application or on December 10 of the fiscal year for which postponement is claimed, whichever is earlier.
This bill would instead require, for blind and disabled claimants, that the claimant be blind or disabled at the time of application or on February 10 of the fiscal year for which postponement is claimed.
(17)Existing law requires that a claim for postponement of property taxes be for the residential dwelling, defined generally as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for the use of the dwelling as a home that is owned by the claimant alone or by the claimant and other specified individuals.
Existing law authorizes an applicant, defined as including a public agency, an entity acting on behalf of and with the written consent of a public agency, or a financial institution for specified purposes, to assist property owners in financing the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements through the issuance of Property Assessed Clean Energy (PACE) bonds that are secured by a voluntary contractual assessment on property or a special tax on property.
This bill would exclude from a residential dwelling eligible for the property tax postponement program any residential dwelling that is subject to a PACE bond.
(18)Existing law authorizes a claimant to file with the Controller a claim for postponement in a specified amount for the fiscal year for which the claim is made. Existing law requires the Controller, upon verification of specified eligibility requirements, to mail to the claimant a Notice of Election to Postpone, as specified. When the Controller approves the Notice of Election to Postpone, existing law requires the Controller to make payments directly to the county tax collector.
This bill would instead require the Controller to issue payment to the county tax collector or other appropriate payee, as determined by the Controller.
(19)This bill would make various technical changes related to the property tax postponement program, including updating statutory references to the Senior Citizens and Disabled Citizens Property Tax Postponement Fund and deleting obsolete references to certificates of eligibility and postponement for mobilehomes.
(8)(20)Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(9)(21)The Sacramento Area Flood Control Agency Act defines the term project for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(22) By changing the duties of local officials with respect to the administration of the property tax postponement program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The California Constitution requires, among others, all public officers, to take a specified oath of office. Existing statutory law requires any office officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(3)Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors, county chief financial officers, county directors of finance, or an equivalent county office.
(4)Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricular to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(5)Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agencys Internet Web site.
(6)Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agencys Internet Web site instead of being posted in the library.
(7)Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross references and add two missing cross-references.
(8)Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(9)The Sacramento Area Flood Control Agency Act defines the term project for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(1)The California Constitution requires, among others, all public officers, to take a specified oath of office. Existing statutory law requires any office to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2)Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 16182 of the Government Code is amended to read:16182.(a)All sums paid by the Controller under the provisions of this chapter, together with interest thereon, shall be secured by a lien in favor of the State of California when funds are transferred to the county by the Controller upon the real property for which property taxes have been postponed. In the case of a residential dwelling which is part of a larger parcel taxed as a unit, such as a duplex, farm, or multipurpose or multidwelling building, the lien shall be against the entire tax parcel.
(b)In the case of real property:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid or owing pursuant to this chapter, including amounts paid subsequent to the initial payment of postponed taxes on the real property described in the notice of lien.
(2)The notice of lien may bear the facsimile signature of the Controller. Each signature shall be that of the person who shall be in the office at the time of execution of the notice of lien; provided, however, that such notice of lien shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of recordation.
(3)The form and contents of the notice of lien for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following:
(A)The names of all record owners of the real property for which the Controller has advanced funds for the payment of real property taxes.
(B)A description of the real property for which real property taxes have been paid.
(C)The identification number of the notice of lien which has been assigned the lien by the Controller.
(4)Within 14 business days of the transfer of funds and the notice of lien to the county by the Controller, the notice of lien shall be recorded in the office of the county recorder for the county in which the real property subject to the lien is located.
(5)The recorded notice of lien shall be indexed in the Grantor Index to the names of all record owners of the real property and in the Grantee Index to the Controller of the State of California.
(6)After the notice of lien has been duly recorded and indexed, it shall be returned by the county recorder to the office of the Controller. The Controller shall provide the county tax collector and the county assessor with a copy of the notice of lien which has been executed.
(7)From the time of recordation of a notice of lien for postponed property taxes, a lien shall attach to the real property described therein and shall have the priority of a judgment lien for all amounts secured thereby, except that the lien shall remain in effect until either of the following occurs:
(A)It is released by the Controller in the manner prescribed by Section 16186.
(B)The foreclosure or sale of an obligation secured by a lien which is senior in recording priority to the lien of the State of California.
(c)In the case of mobilehome loans established prior to February 20, 2009, all of the following shall apply:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid owing pursuant to this chapter.
(2)From the time that the Department of Housing and Community Development receives the notice of lien from the Controller, the department shall impose a moratorium on any other amendments to the permanent title record of the mobilehome unit until released by the Controller in the manner prescribed by Section 16186, or an authorization for the amendments is given by the Controller in writing.
(3)From the time of filing a notice of lien, a lien shall attach to the mobilehome for which eligibility for the postponement of property taxes has been granted.
SEC. 4.Section 16183 of the Government Code is amended to read:16183.(a)From the time a payment is made pursuant to Section 16180, the amount of that payment shall bear interest at a rate (not compounded), determined as follows:
(1)Beginning July 1, 2016, the rate of interest shall be 7 percent per annum.
(2)The Controller shall establish an adjusted rate of interest for the purpose of this subdivision not later than July 15th of any year if the effective annual yield of the Pooled Money Investment Account for the prior fiscal year is at least a full percentage point more or less than the interest rate which is then in effect. The adjusted rate of interest shall be equal per annum to the effective annual yield earned in the prior fiscal year by the Pooled Money Investment Account rounded to the nearest full percent, and shall become effective for new deferrals, beginning on July 1, 1984, and on July 1 of each immediately succeeding year, until June 30, 2016.
(3)For loans made prior to June 30, 2016, the rate of interest provided pursuant to this subdivision for the first fiscal year commencing after payment is made pursuant to Section 16180 shall apply for that fiscal year and each fiscal year thereafter until these postponed property taxes are repaid.
(b)The interest provided for in subdivision (a) shall be applied beginning the first day of the month following the month in which that payment is made and continuing on the first day of each month thereafter until that amount is paid. In the event that any payments are applied, in any month, to reduce the amount paid pursuant to Section 16180, the interest provided for herein shall be applied to the balance of that amount beginning on the first day of the following month.
(c)In computing interest in accordance with this section, fractions of a cent shall be disregarded.
(d)For the purpose of this section, the time a payment is made shall be deemed to be the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later.
(e)The Controller shall include on forms supplied to claimants pursuant to Sections 20621, 20630.5, 20640.9, and 20641 of the Revenue and Taxation Code, a statement of the interest rate which shall apply to amounts postponed for the fiscal year to which the form applies.
SEC. 5.Section 16184 of the Government Code is amended to read:16184.(a)The Controller shall reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by notification of any amounts paid by the Franchise Tax Board pursuant to Section 20564 of the Revenue and Taxation Code or by any amounts authorized pursuant to subdivision (f) of Section 20621 of the Revenue and Taxation Code. Any payment received for that purpose shall be applied in the following order:
(1)To any interest due on the loan.
(2)To the principal property tax amount.
(3)The remaining balance, if any, to administrative fees.
(b)The Controller shall also increase the amount of the obligation secured by the lien by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181.
SEC. 6.Section 16186.5 of the Government Code is amended to read:16186.5.In the event that a payment which is made to satisfy an obligation secured by a lien for postponed property taxes exceeds the amount owing to the state, the Controller may refund the overpayment to the party entitled thereto. The Controller shall pay those refunds out of the amount appropriated by Section 16180, or any appropriation in lieu thereof.
SEC. 7.Section 16200 of the Government Code is amended to read:16200.In the event that the Controller receives the notice described in Section 16187 of this code or Section 3375 of the Revenue and Taxation Code, the Controller may take any of the following actions which will best serve the interests of the state:
(a)Notify, by United States mail, the tax collector or other party that such notice has been received and that the Controller must be given at least 20 days prior notice of the date that the property will be sold at auction. If the Controller elects to proceed under this subdivision, the Controller may use funds appropriated by Section 16180 to bid on the property at the auction up to the amount secured by the states lien on the property and any lien on such property having priority over the states lien. All additional amounts paid pursuant to this subdivision shall be added to the amount secured by the lien on such property provided for in Article 1 (commencing with Section 16180) of this chapter.
(b)Acknowledge by United States mail that the notice required by Section 16187 of this code or Section 3375 of the Revenue and Taxation Code has been received.
SEC. 8.Section 16202 of the Government Code is amended to read:16202.Notwithstanding any other provision of law, in the event that the state acquires an interest in real property pursuant to subdivision (b) of Section 16200, the Controller may, in addition to the options provided in Section 16201, take any other action with respect to that real property interest as will best serve the interest of the state. These actions may include, but shall not be limited to, the sale, lease, or retention of any interest so acquired. The Controller may contract with licensed real estate brokers, maintenance and repair contractors, security contractors, appraisers, property managers, insurance brokers, and any other experts or specialists as may be necessary to protect or preserve the states interest in that property. The Controller may pay the costs incurred pursuant to those contracts out of the amount appropriated by Section 16180, or from any appropriation in lieu thereof.
The sale of those interests may be made on the basis of conventional financing arrangements including the securing of payment through the use of promissory notes, deeds of trust, and other accepted methods of deferred payment.
SEC. 9.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
SEC. 10.Section 27282 of the Government Code is amended to read:27282.(a)The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:
(1)A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.
(2)A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(3)A notice of location of mining claim.
(4)Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.
(5)Notices of lien for postponed property taxes executed pursuant to Section 16182.
(6)A release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.
(7)A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.
(8)An order affecting title to or possession of real property issued by a court in an action subject to Section 12527, authenticated by the certificate of the clerk of the court in which the order was issued or a copy of that order authenticated by a declaration under penalty of perjury by the Attorney General or by an assistant or deputy of the Attorney General attesting that the contents of the copy are the same as the original order issued by the court.
(9)A court certified copy of a satisfaction of judgment.
(10)A certificate of correction filed pursuant to Sections 66470 and 66472.1.
(b)Any document described in this section, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.
SEC. 11.Section 30201 of the Government Code is amended to read:30201.The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors or county officers in equivalent positions, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.
SEC. 12.Section 53237.1 of the Government Code is amended to read:53237.1.(a)If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b)Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c)An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d)The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e)A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f)All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g)A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.
SEC. 13.Section 54973 of the Government Code is amended to read:54973.The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
SEC. 14.Section 54974 of the Government Code is amended to read:54974.(a)Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agencys Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerks office.
(b)Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
SEC. 15.Section 21220 of the Public Contract Code is amended to read:21220.The provisions of this article shall apply to contracts by the Vallejo Flood and Wastewater District, as provided for in Chapter 17 of the Statutes of the 1952 First Extraordinary Session.
SEC. 16.Section 22050 of the Public Contract Code is amended to read:22050.(a)(1)In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2)Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b)(1)The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2)If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3)If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c)(1)If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2)If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3)When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d)As used in this section, public agency has the same meaning as defined in Section 22002.
(e)A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f)This section applies only to emergency action taken pursuant to Sections 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SEC. 17.Section 2505 of the Revenue and Taxation Code is amended to read:2505.(a)Except as provided in subdivision (b), the tax collector or treasurer for any city or county may in his or her discretion accept negotiable paper in payment of any tax, or assessment, or on a redemption.
(b)The tax collector of a county shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the county tax bill. The tax collector, treasurer, or other official charged with the duty of collecting taxes for a chartered city which levies and collects its own property taxes shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the tax bill of such city. A certificate for partial payment shall not be accepted unless accompanied by an amount sufficient to fully pay the remaining ad valorem property taxes, special assessment, or other charge or fee appearing on the respective tax bill installment.
(c)For the 197879 fiscal year and thereafter, except as to those amounts which can be paid by a certificate pursuant to subdivision (c), the tax collector shall not accept a certificate of eligibility to pay all or part of any installment if tendered after the delinquency date thereof, unless accompanied by an amount sufficient to fully pay any delinquent taxes, assessments, costs, penalties, interest, fees or other charges resulting from the delinquency or delinquencies.
(d)In no event shall a certificate of eligibility be accepted later than the expiration date designated thereon.
SEC. 18.Section 2514 of the Revenue and Taxation Code is amended to read:2514.(a)Upon receipt of the payment by the Controller described in Section 20602, 20630, or 20640.6, the following shall occur:
(1)The tax collector shall maintain a record of the fact that taxes on the property have been postponed. In the case of the secured roll, this information may be entered in that portion of the roll which has been designated for tax default information as required by Section 3439.
(2)With respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other type of account described in Section 2954 of the Civil Code, the tax collector shall notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector.
The county auditor, treasurer, or disbursing officer shall refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(b)The procedures established by this chapter shall not be construed to require a lender to alter the manner in which a lender makes payment of the property taxes of such a claimant.
SEC. 19.Section 2515 of the Revenue and Taxation Code is amended to read:2515.(a)Upon receiving a copy of the notice of lien for postponed property taxes from the Controller, the assessor shall maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and shall, if such record reveals a change in the ownership status of the property subsequent to the date of entry of the postponement information thereon, notify the Controller within 60 days of processing the change in the ownership status in the manner prescribed by the Controller.
(b)From the time of recordation of the notice of lien pursuant to Section 16182 of the Government Code, the lien for postponed property taxes shall be deemed to impart constructive notice of the contents thereof to subsequent purchasers, mortgagees, lessees, and other lienors.
SEC. 20.Section 2781 of the Revenue and Taxation Code is amended to read:2781.If a taxpayer or agent for the taxpayer submits a payment indicated for application to a specific tax or tax installment and that tax or tax installment already has been paid, the county shall return the replicated payment to the tendering party within 60 days of the date the payment becomes final. For purposes of this section, final means the original payment that is not subject to chargeback, dishonor, or reversal. However, when a replicated payment is made of any tax or tax installment paid by the Controller to the county pursuant to Section 2514, the amount of the replicated payment shall be paid to the claimant on whose behalf the payment was made.
SEC. 21.Section 20503 of the Revenue and Taxation Code is amended to read:20503.(a)Income means adjusted gross income as defined in Section 17072 plus all of the following cash items:
(1)Public assistance and relief.
(2)Nontaxable amount of pensions and annuities.
(3)Social security benefits (except Medicare).
(4)Railroad retirement benefits.
(5)Unemployment insurance payments.
(6)Veterans benefits.
(7)Exempt interest received from any source.
(8)Gifts and inheritances in excess of three hundred dollars ($300), other than transfers between members of the household. Gifts and inheritances include noncash items.
(9)Amounts contributed on behalf of the contributor to a tax-sheltered retirement plan or deferred compensation plan.
(10)Temporary workers compensation payments.
(11)Sick leave payments.
(12)Nontaxable military compensation as defined in Section 112 of the Internal Revenue Code.
(13)Nontaxable scholarship and fellowship grants as defined in Section 117 of the Internal Revenue Code.
(14)Nontaxable gain from the sale of a residence as defined in Section 121 of the Internal Revenue Code.
(15)Life insurance proceeds to the extent that the proceeds exceed the expenses incurred for the last illness and funeral of the deceased spouse of the claimant. Expenses incurred for the last illness includes unreimbursed expenses paid or incurred during the income calendar year and any expenses paid or incurred thereafter up until the date the claim is filed. For purposes of this paragraph, funeral expenses shall not exceed five thousand dollars ($5,000).
(16)If an alternative minimum tax is required to be paid pursuant to Chapter 2.1 (commencing with Section 17062) of Part 10, the amount of alternative minimum taxable income (whether or not cash) in excess of the regular taxable income.
(17)Annual winnings from the California Lottery in excess of six hundred dollars ($600) for the current year.
(b)For purposes of this chapter, total income shall be determined for the calendar year (or approved fiscal year ending within that calendar year) which ends within the fiscal year for which assistance is claimed.
(c)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the Property Tax Postponement requirement.
(d)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), total income shall be determined for the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed.
SEC. 22.Section 20505 of the Revenue and Taxation Code is amended to read:20505.Claimant means an individual who:
(a)For purposes of this chapter was either (1) 62 years of age or older on the last day of the calendar year or approved fiscal year designated in subdivision (b) or (c) of Section 20503, whichever is applicable, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code on the last day of the calendar year or approved fiscal year designated in subdivision (b) of Section 20503, who was a member of the household, and who was either: (1) the owner and occupier of a residential dwelling on the last day of the year designated in subdivision (b) or (c) of Section 20503, or (2) the renter of a rented residence on or before the last day of the year designated in subdivision (b) of Section 20503. An individual who qualifies as an owner-claimant may not qualify as a renter-claimant for the same year.
(b)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640) was a member of the household and either an owner-occupant, or a tenant stockholder occupant, or a possessory interestholder occupant, or a mobilehome owner-occupant, as the case may be, of the residential dwelling as to which postponement is claimed on the last day of the year designated in subdivision (d) of Section 20503, and who was (1) 62 years of age or older by December 31 of the fiscal year for which postponement is claimed, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which postponement is claimed.
SEC. 23.Section 20585 of the Revenue and Taxation Code is amended to read:20585.Postponement shall not be allowed under this chapter, Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640) if household income exceeds thirty-five thousand five hundred dollars ($35,500).
SEC. 24.Section 20586 of the Revenue and Taxation Code is amended to read:20586.For the purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), only one claimant per household each year shall be entitled to postponement. When two or more individuals in a household are qualified as claimants, they may determine who the claimant shall be. Such decision is irrevocable. If the individuals are unable to agree, the matter shall be determined by the Controller and his or her decision shall be final.
SEC. 25.Section 20621 of the Revenue and Taxation Code is amended to read:20621.Each claimant applying for postponement under Article 2 (commencing with Section 20601) shall file a claim under penalty of perjury with the Controller on a form supplied by the Controller. The claim shall contain all of the following:
(a)Evidence acceptable to the Controller that the person (1) is 62 years of age or older on or before December 31 of the fiscal year for which the postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
(b)A statement showing the household income for the period set forth in Section 20503.
(c)A statement describing the residential dwelling in a manner that the Controller may prescribe.
(d)The name of the county in which the residential dwelling is located and the address of the residential dwelling.
(e)The county assessors parcel number applicable to the property for which the claimant is applying for the postponement of property taxes.
(f)(1)Documentation evidencing the current existence of any abstract of judgment, federal tax lien, or state tax lien filed or recorded against the applicant, and any recorded mortgage or deed of trust that affects the subject residential dwelling, for the purpose of determining that the claimant possesses a 40-percent equity in the subject residential dwelling as required by paragraph (1) of subdivision (b) of Section 20583.
(2)Actual costs, not in excess of fifty dollars ($50), paid by the claimant to obtain the documentation shall reduce the amount of the lien for the year, but not the face amount of the payment prescribed in Section 16180 of the Government Code.
(g)Other information required by the Controller to establish eligibility.
SEC. 26.Section 20627 of the Revenue and Taxation Code is amended to read:20627.A tenant-stockholder claimant (hereinafter referred to as claimant) is an individual who, on the last day of the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed is: (a) a tenant-stockholder in a cooperative housing corporation (as defined in Section 216(b) of the Internal Revenue Code) and (b) occupies, as a principal place of residence, a residential unit in the cooperative housing corporation (notwithstanding Section 216(b) of the Internal Revenue Code). For the purposes of this chapter, a claimant must be (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 27.Section 20630 of the Revenue and Taxation Code is amended to read:20630.(a)A claimant may file with the Controller, a claim for postponement from the State of California of a sum equal to, but not exceeding the amount of property taxes, as defined in Section 20629, for the fiscal year for which the claim is made.
(b)Upon verification of the eligibility requirements set forth in Section 20630.5, the Controller shall mail the claimant a Notice of Election to Postpone which shall be in the form and contain such information as the Controller may prescribe. Accompanying the notice shall be a statement explaining that in order for the claimant to postpone all or part of the property taxes, the Notice of Election to Postpone must be mailed to the Controller with the following:
(1)A statement signed by an authorized officer of the cooperative housing corporation indicating the amount of the claimants proportionate share of property taxes and the method used to compute such amount.
(2)A recognition agreement signed by the claimant and executed by an officer of the corporation which acknowledges the assignment of the proprietary lease and the pledging of the claimants shares in the corporation as security for postponement, and sets forth the rights and duties of the state, the corporation and the claimant with respect to such stock and the proprietary lease. The recognition agreement shall be in such form and contain such provisions as the Controller shall prescribe.
(3)Any other additional security interest, created and perfected with respect to the rights of third persons in the manner provided by law for such type of security interest, which the Controller deems necessary to protect the interest of the state with regard to the repayment of postponed amounts by the claimant or a deceased claimants estate.
(c)When the Controller approves the Notice of Election to Postpone, the Controller shall issue payment to a county tax collector or other appropriate payee as determined by the Controller for the property taxes owed by the claimant. Payments may, upon appropriation by the Legislature, be made out of the amounts appropriated pursuant to Section 16180 of the Government Code that are secured by a secured tax lien and obligation as specified by Article 1 (commencing with Section 16180) of Chapter 5 of Division 4 of the Government Code.
SEC. 28.Section 20640.3 of the Revenue and Taxation Code is amended to read:20640.3.A claimant is an individual who:
(a)Holds a right to a possessory interest pursuant to a validly recorded instrument conveying such possessory interest for a term of years no less than 45 years beyond the last day of the calendar year ending immediately prior to the fiscal year for which taxes are initially postponed.
(b)Occupies as a principal place of residence the residential dwelling affixed to such possessory interest real property on the last day of the year designated in subdivision (d) of Section 20503.
(c)Is either (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 29.Section 20641 of the Revenue and Taxation Code is amended to read:20641.Forms filed pursuant to this part shall not be under oath but shall contain, or be verified by, a written declaration that they are made under the penalty of perjury. All forms filed pursuant to Chapter 1 (commencing with Section 20501) shall require such information as the Franchise Tax Board may from time to time prescribe, and shall be filed with the Franchise Tax Board. The Franchise Tax Board shall prepare blank forms for the claimant and shall distribute them throughout the state and furnish them upon application. All forms filed pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640), shall require such information as the Controller may from time to time prescribe, shall be filed with the Controller, and the Controller shall prepare such blank forms for the claimant and shall distribute them throughout the state and furnish them upon application.
SEC. 30.Section 20645.5 of the Revenue and Taxation Code is amended to read:20645.5.(a)If a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) is received by the Controller by February 10 for the fiscal year in which postponement is being claimed or by another date set by the Controller pursuant to Section 20622, then any delinquent penalties, costs, fees, and interest accrued for that fiscal year shall be canceled unless the failure to perfect the claim was due to willful neglect on the part of the claimant or representative.
(b)In the event of willful neglect, a payment from the Controller for that current fiscal year can be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. If an amount sufficient to pay all of the delinquent penalties, costs, fees, and interest is not received by the tax collector within 30 days from the date of the payment from the Controller, the tax collector may return the payment to the Controller to deny the postponement claim.
(c)(1)The Controller shall notify the claimant in writing when the payment has been submitted to the tax collector.
(2)In the event of willful neglect, in addition to the information required pursuant to paragraph (1), the Controller shall also notify the claimant in writing and provide a copy of the notification to the tax collector that a payment amount sufficient to pay all of the delinquent penalties, costs, fees, and interest must be received by the tax collector within 30 days from the date of the payment from the Controller to the county and that if this payment is not received by the tax collector, the tax collector may return the payment to the Controller to deny the postponement claim.
SEC. 31.Section 20645.6 of the Revenue and Taxation Code is amended to read:20645.6.(a)If the Controller denies a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), and the denial is reversed after appeal pursuant to Section 20645.1, the Controller shall transfer funds to the county for the amount of the taxes. If the taxes for the fiscal year were previously paid, the county shall refund the overpayment to the taxpayer. If the taxes for the fiscal year are delinquent, any resulting penalties or interest shall be canceled.
(b)The Controller shall notify the claimant in writing when a payment has been made pursuant to subdivision (a).
SEC. 32.Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 392 of the Statutes of 2016) is amended to read:Sec. 501.(a)The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1)One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Clarks Fork Reclamation District.
(B)Laguna Irrigation District.
(C)Upper San Jose Water Company.
(3)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A)Laton Community Services District.
(B)Riverdale Public Utility District.
(C)Lanare Community Services District.
(4)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Crescent Canal Company.
(B)Stinson Canal and Irrigation Company.
(5)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Riverdale Irrigation District.
(B)Reed Ditch Company.
(6)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Mill Race Company.
(B)Burrel Ditch Company.
(7)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Water District.
(B)Liberty Canal Company.
(b)There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board members absence or inability to act.
(c)Initial members and their alternates shall be chosen on or before January 31, 2017.
SEC. 33.Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:Sec. 34.(a)Project means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of any interests in real property and payment of incidental expenses.
(b)This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c)Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d)The acquisition of interests in real property outside the agencys boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e)This section does not alter the existing powers granted to members of the agreement.
(f)This section does not preclude the acquisition of time-limited easements.
SEC. 34.Section 1 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Section 1.This act creates a sanitation and flood control district called Vallejo Sanitation and Flood Control District, within the County of Solano. Beginning January 1, 2018, the district shall be called Vallejo Flood and Wastewater District. The boundaries of and territory included within the district shall be as follows:
Beginning at the southeast corner of that certain parcel of land as described in deed from Manuel Dos Reis, et al. to the Great Western Power Co., recorded February 1, 1917, in Book 225, of Deeds, page 436, Instrument No. 414; thence from said point of beginning northeasterly along the southeasterly line of said Great Western Power Co. parcel of land and the extension thereof to the northwesterly line of County Road No. 267, thence continuing along said northwesterly line and the extension northeasterly thereof, to the northwesterly corner of that certain parcel of land as described in deed from John Bernardo De Souza to Maria B. Souza, recorded August 6, 1934, in Book 127, of Official Records, page 36, Instrument No. 3228; thence southeasterly along the northerly line of said Souza parcel and the extension southeasterly thereof to the intersection of the northwesterly line of that certain parcel of land as described in Parcel No. 8 of deed recorded September 6, 1918, from Selby Smelting and Lead Company to American Smelters Securities Company, in Book 233 of Deeds, page 465, Instrument No. 2871; thence northeasterly along the northwesterly line of said American Smelters Securities Company property and the northeasterly continuation thereof said northeasterly extension being the northwesterly boundary line of that certain parcel of land described in deed to Antonio Borges recorded November 11, 1941, in Book 251 of Official Records, page 42, Instrument No. 11153, to the most northerly corner of said Borges parcel; thence N. 12 12 38 W. to the north line of Section 34, Township 4 North Range 3 West, if said section were projected, running; thence west along the north line of said Section 34 and the extension westerly thereof to the county boundary line between Napa and Solano Counties; thence southerly and westerly along said county boundary line to the center line of Mare Island-Napa River Channel; thence southerly following the center line of Mare Island-Napa River Channel to the boundary line between Contra Costa and Solano County; thence on the Solano County boundary line, generally southerly and easterly to a point due south of the point of beginning; thence northerly to the point of beginning.
SEC. 35.Section 2 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 2 of Chapter 627 of the Statutes of 1993, is amended to read:Sec.2.Objects and Purposes of Act and Powers of District. The objects and purposes of this act are to provide for the collection and disposal of sewage and industrial waste and for the control and disposition of the storm and flood waters of the district, and to protect the public health and also to protect from damage from the storm and flood waters the waterways, property, public highways and public places in the district.
The Legislature hereby declares that special facts and circumstances peculiar to the area within the district make the accomplishment of the purposes of this act impossible under existing general law and special legislation is necessary. The state and the people thereof have a primary and supreme interest in securing to the inhabitants and property owners within the district adequate facilities for the collection and disposal of sewage and the protection from waters naturally flowing into the district from the surrounding mountainous watershed. Special investigation has shown that the conditions within the district are peculiar to that area and that this act is essential to carry out the purposes herein expressed and for the elimination of duplication of governmental authority and securing greater economy of administration. It is further found and determined that the area within the district has no facilities for the sanitary treatment and disposal of sewage and is consequently contaminating and polluting the waters of San Francisco Bay. The area within the district is of strategic importance due to the proximity of Mare Island Navy Yard. The influx of Navy personnel and their families and civilian workers at the Mare Island Navy Yard has greatly aggravated the problem of sewage disposal in that area. The problem of sewage disposal is further aggravated by a lack of adequate drainage and flood water control and the infiltration of storm and flood waters into existing sanitary sewers. Both the problem of sanitary sewage and drainage and the problem of storm water flood control are so interrelated that the special problems relating to each can only be solved by uniform administration and a uniform control plan of sewage disposal and flood control works.
The Vallejo Flood and Wastewater District is hereby declared to be a body corporate and politic and may do all of the following:
(a)Succession. To have perpetual succession.
(b)Suits. To sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(c)Seal. To adopt a seal and alter it at pleasure.
(d)Ownership of Property. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of real or personal property of every kind within or without the district necessary to the full exercise of its powers.
(e)Acquisition of Property. To acquire or contract to acquire lands, rights-of-way, easements, privileges or property of every kind within or without the district, and construct, maintain and operate any and all works and improvements within or outside the district necessary, convenient or proper to carry out any of the provisions, objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it.
(f)Eminent Domain. To exercise the right of eminent domain, either within or outside the district, to acquire any property necessary to carry out any of the objects or purposes of the district.
(g)Sanitary Sewage Disposal Works. To acquire, construct, reconstruct, alter, own, operate, maintain and repair sewage treatment plants, including digesters, sludge heaters, sludge drying beds, effluent pumping plants, screens, clarifiers, storage ponds, control buildings, oxidizing ponds, sewage digestive systems, intercepting, collecting and outfall sewers, laterals, pipes, manholes, machinery, equipment, and all other facilities for the collection, transmission and disposition of sewage and industrial wastes, together with all works, properties or structures necessary or convenient for sewage disposal purposes. The terms sanitary sewage disposal works, sewage disposal works, sanitary sewage disposal purposes or sewage disposal purposes or similar terms shall include all of the works, properties, or structures necessary or convenient for sewage disposal purposes.
(h)Drainage and Flood Control Works. To construct, maintain, repair, and operate all levees, bulkheads, walls of rock or other material, pumps, dams, channels, conduits, pipes, ditches, canals, reservoirs, spreading basins, tunnels, drains, machinery and equipment necessary therefor, dredgers and all other auxiliary, incidental, necessary or convenient agencies, work or improvements that may be required to carry out, facilitate, repair, maintain or complete the same, and, in connection with any reservoirs or spreading basins, to acquire or construct improvements, including landscaping, apparatus, and equipment, to permit the incidental use of reservoirs or spreading basins for park, playground, or other recreation purposes. The terms storm water flood control works, drainage works, storm water flood control purposes and drainage purposes and similar terms shall mean and include all works, properties, or structures necessary or convenient for drainage and flood control purposes, and for purposes incidental thereto.
(i)Indebtedness. To incur indebtedness, and to issue bonds or other evidence of indebtedness in the manner herein provided, and to provide for the issuance of warrants of the district and the registration of any warrants not paid for want of funds and interest thereon after registration and until payment, and also to issue bonds or other securities payable from revenues.
(j)Revenues From Revenue Producing Utilities. To prescribe, revise and collect tolls, rents or other charges for any services or facilities furnished by the district; to contract with the City of Vallejo or any other public or private agency for the collection of tolls, rents, or other charges for any facility or service furnished by the district and to provide for the collection of the tolls, rents and charges along with the collection of water charges by the City of Vallejo or any other public or private agency.
(k)Assessments. To cause assessments to be levied and collected for the purpose of paying any obligations of the district.
(l)Employees. To employ engineers, attorneys, assistants and other staff as may be necessary, fix their compensation and define their powers and duties, and fix and determine the amount of bond required of each employee and pay the premium on the bond. The board shall prescribe, by resolution, the compensation for each classification of employees of the district. The board may combine, eliminate, or add staff positions in its discretion. The engineer-manager may appoint or hire employees for positions created by the board.
(m)Zones. To establish and fix the boundaries of zones in the district as in this act hereinafter provided; to make transfers of money from the operation fund of the district to any special fund and to create and administer the special funds as in their discretion may seem advisable; to create and administer revolving funds to facilitate and assist in the carrying on and completing of acquisitions, works, and improvements, and to do any and all things necessary or incidental to the accomplishment of the things which are permitted to be done under this act.
(n)Contracts. To make and enter into contracts with the United States of America, the State of California, any political subdivision, county, municipality, district, agency or mandatory of the State of California or of the United States and any department, board, bureau, or commission of the State of California or the United States of America, or any person, firm, association or corporation, jointly or severally, for the acquisition of property or rights or the construction, maintenance or operation in whole or in part of any or all works or improvements provided in this act.
(o)Lease of Property. To lease or rent to or from the City of Vallejo, the County of Solano, or any public or private agency, or person, firm or corporation, any property or rights necessary, in the judgment of the board of trustees of the district, to accomplish or carry out any of the work or improvement or the maintenance thereof herein provided and under terms and conditions agreed to by the parties.
(p)Contributions. To receive and accept any and all contributions in labor, materials, or money to be applied to the works or improvements herein provided for.
SEC. 36.Section 3 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 14 of Chapter 489 of the Statutes of 1997, is amended to read:Sec.3.(a)The Vallejo Flood and Wastewater District shall be governed by, and under the control of, eight trustees. Seven of the trustees shall be the seven members of the Vallejo City Council. The eighth trustee shall be a member-at-large appointed pursuant to subdivision (b). Each city council member shall cease to be a trustee of the district, and his or her office on the board shall become vacant, at any time that he or she ceases to be a member of the Vallejo City Council.
(b)On or before the date of the first regular meeting of the district, the eighth member-at-large of the board of trustees shall be appointed by the Board of Supervisors of the County of Solano. The board may appoint one of the following persons to be the eighth trustee:
(1)A member of the Board of Supervisors of the County of Solano that represents Supervisorial District 1 or District 2.
(2)A public member who resides in the unincorporated area within the boundaries of the Vallejo Flood and Wastewater District.
(c)The Board of Supervisors of the County of Solano may appoint an alternate to the eighth member-at-large of the board of trustees. Appointment of the alternate shall be made pursuant to subdivision (b).
SEC. 37.Section 16 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec.16.Assessments for Bond Principal and Interest. The board of trustees shall file with the Board of Supervisors of Solano County a certified copy of the map or plat of the district showing the zones into which the district has been divided and the percentage of the amount to be raised from each zone. All assessments for district purposes shall be made and collected by the County Assessor and Tax Collector, respectively, of the County of Solano. All lands situated within the district subject to assessments for district purposes but not included on the county roll for taxation for county purposes shall immediately upon the effective date of this act be placed upon and thereafter carried on the county roll of Solano County. The assessed valuation of the lands shall be determined and fixed by the county assessor and the amount of the assessed valuation corrected and equalized by the Board of Supervisors of Solano County at the same time or times and in the same manner as the assessed valuation of other lands upon the assessment rolls are fixed, determined, corrected and equalized by the county officials.
On or before the second Monday of August of each year, the County Auditor of Solano County shall transmit to the board of trustees of the district a statement in writing showing the total value of all land within the district, which value shall be ascertained from the assessment book of the county for that year as equalized and corrected by the board of supervisors of the county and which statement shall also show the total value of all land in each of the zones, respectively.
The board of trustees shall on or before the third Monday in August determine the total amount to be raised by district assessment for the then current fiscal year and shall fix the rate of assessment for each zone and the number of cents per each one hundred dollars ($100) using as a basis the value of land as it is assessed by the county assessor, and returned to the board of trustees of the district by the county auditor as hereinabove provided, which rate of taxation shall be sufficient to raise the total amount previously fixed by the board as hereinabove subscribed. Such acts by the board of trustees of the district shall constitute a valid assessment of the property and a valid levy of the assessment so fixed. The board of trustees shall immediately thereafter transmit to the County Auditor of Solano County a statement of the rate of assessment so fixed by the board for each zone into which the district may be divided, and the county auditor shall enter that rate upon the county tax roll. Such assessment so levied shall be collected at the same time and in the same manner as county taxes, and when collected the net amount thereof shall be credited to the treasurer of the district and shall be kept by the county treasurer in a separate fund to be designated Vallejo Flood and Wastewater District Interest and Sinking Fund, and the moneys in the fund shall be applied exclusively to the payment of principal and interest on the bonds of the district. The special assessments by the district shall be in addition to all other taxes and assessments levied for state, county or municipal purposes. If the district has been divided into zones and the percentage of the amount to be raised for the redemption of principal and interest of bonds of the district from each such zone has been determined as provided in this act, the amount of the assessment levy shall be divided according to the percentages and the percentage to be raised from the lands within each zone shall be levied upon and against the property of the zone as hereinabove provided. The district assessments shall be payable only with and not separately from county taxes when collected. Whenever any land situated in the district has been sold for assessments and has been redeemed, the money paid for the redemption shall be apportioned and credited by the county treasurer to the district in the proportion which the assessment due to the district bears to the total tax for which the property was sold. All assessments levied under the provisions of this act shall be a lien upon the property on which they are levied and shall become due and payable and be delinquent at the same time and in the same manner as county taxes, and enforced in the same manner and by the same means as provided by law for the enforcement of liens for state and county taxes, all provisions of law relating to the enforcement of the latter being hereby made a part of this act.
It shall be the duty of the Board of Supervisors of Solano County and of each and every officer of Solano County charged with any official duty relating to the levy and collection of county taxes to cause such district assessments to be levied and collected at the time and in the same manner as county taxes are levied and collected, and in any event it shall be the duty of the board of trustees to cause the assessments to be levied against and upon all land within the district at the time for fixing the general tax levy for county purposes, and in the manner for the general tax levy provided, and to cause to be collected annually each year until the bonds are paid or until there shall be a sum in the treasury of the district set apart for that purpose to meet all sums coming due for principal and interest on the bonds, assessments sufficient to pay the interest on the bonds and also that part of the principal thereof as shall become due before the time for fixing the next general tax levy, in which assessments may be included a sum sufficient in the judgment of the board of trustees to take care of anticipated delinquencies; provided, however, that if the maturity of the indebtedness created by the issuance of bonds be made to begin more than one year after the date of issuance thereof the assessments shall be levied and collected at the time and in the manner aforesaid annually each year in an amount sufficient to pay the interest on the indebtedness as it falls due and also to constitute a sinking fund for the redemption thereof on or before maturity. The assessments herein required to be levied and collected shall be in addition to all other assessments levied for district purposes and shall be collected at the same time and in the same manner as other district assessments are collected, and be used for no other purpose than the payment of the bonds and accruing interest.
All assessments levied by the district shall be levied solely upon lands within the district, including any land which is the operative property of any public utility, but excluding any personal property or any lands belonging to any county, municipality, or political subdivision within the district or lands belonging to the United States of America or the State of California or the district.
SEC. 38.Section 17 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 277 of Chapter 357 of the Statutes of 1957, is amended to read:Sec.17.Assessments for Maintenance and Operation. The board of trustees of the district shall have power, in any year, to levy an assessment upon the taxable property in the district as set forth in Section 16 hereof at the time and in the manner set forth therein, to carry out any of the objects or purposes of this act, and to pay the costs and expenses of maintaining, operating, extending, and repairing any work or improvement of the district for the ensuing fiscal year, and the board of trustees shall have power to control and order the expenditures for the purposes of all revenues so derived; provided, that those assessments levied under this section for any one year shall not exceed fifty cents ($0.50) on each one hundred dollars ($100) of the assessed valuation of the land in the district as the assessed valuation is shown on the last preceding assessment roll for state and county purposes; provided, further, that those assessments shall be in addition to any assessment levied to meet the bonded indebtedness of the district and all interest thereon. Such assessments, when collected, shall be held by the treasurer in a special fund to be designated Vallejo Flood and Wastewater Operation Fund. The moneys in the fund shall be withdrawn on warrants authorized by the trustees. Prior to the bond election at which bonds shall be authorized as herein provided, the district shall have the right to incur indebtedness for organization purposes, preliminary engineering expenses, and general incidental expenses as in this act specified, to an amount not exceeding two hundred thousand dollars ($200,000), the indebtedness to be evidenced by warrants of the district issued in payment of valid obligations incurred by the district, and which warrants shall be paid by the treasurer of the district out of the first proceeds of the sale of bonds of the district or out of moneys collected from the annual assessment to be levied under this Section 17, and until so paid the warrants shall bear interest at the rate of 6 percent per year from date of presentation and registration until paid. If funds are not available for the payment of the warrants at the time of their presentation to the treasurer, the same shall be registered in the office of the treasurer and shall be paid in the order of their registration. The treasurer shall publish notice of call for redemption of the warrants or any thereof whenever funds are available for their payment, and interest on the warrants shall cease upon the date fixed for that redemption. The notice shall be published in the district pursuant to Section 6061 of the Government Code.
The provisions in this Section 17 contained for the levy and collection of assessments for the payment of maintenance and operation costs of the district shall be effective for the Fiscal Year 1952-1953, and it shall be the duty of the County Assessor of Solano County and the State Board of Equalization forthwith upon the effective date of this act to take all necessary steps to enable the district to levy and collect an assessment for the Fiscal Year 1952-1953 for maintenance and operation and the payment of the initial costs of the organization of the district and other expenses incident thereto; provided, that such assessment for the Fiscal Year 1952-1953 shall be levied at a uniform rate on all land in the district. The creation of any zone in the district shall not be effective for the purposes of any assessment unless and until the board of trustees shall file with the county assessor and also with the State Board of Equalization a map or plat showing the zones into which the district is to be divided and the percentages to be raised from each zone.
SEC. 39.Section 28 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec.28.Short Title. This act may be designated and referred to as Vallejo Flood and Wastewater District Act.
SEC. 40.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 16182 of the Government Code is amended to read:16182.(a)All sums paid by the Controller under the provisions of this chapter, together with interest thereon, shall be secured by a lien in favor of the State of California when funds are transferred to the county by the Controller upon the real property for which property taxes have been postponed. In the case of a residential dwelling which is part of a larger parcel taxed as a unit, such as a duplex, farm, or multipurpose or multidwelling building, the lien shall be against the entire tax parcel.
(b)In the case of real property:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid or owing pursuant to this chapter, including amounts paid subsequent to the initial payment of postponed taxes on the real property described in the notice of lien.
(2)The notice of lien may bear the facsimile signature of the Controller. Each signature shall be that of the person who shall be in the office at the time of execution of the notice of lien; provided, however, that such notice of lien shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of recordation.
(3)The form and contents of the notice of lien for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following:
(A)The names of all record owners of the real property for which the Controller has advanced funds for the payment of real property taxes.
(B)A description of the real property for which real property taxes have been paid.
(C)The identification number of the notice of lien which has been assigned the lien by the Controller.
(4)Within 14 business days of the transfer of funds and the notice of lien to the county by the Controller, the notice of lien shall be recorded in the office of the county recorder for the county in which the real property subject to the lien is located.
(5)The recorded notice of lien shall be indexed in the Grantor Index to the names of all record owners of the real property and in the Grantee Index to the Controller of the State of California.
(6)After the notice of lien has been duly recorded and indexed, it shall be returned by the county recorder to the office of the Controller. The Controller shall provide the county tax collector and the county assessor with a copy of the notice of lien which has been executed.
(7)From the time of recordation of a notice of lien for postponed property taxes, a lien shall attach to the real property described therein and shall have the priority of a judgment lien for all amounts secured thereby, except that the lien shall remain in effect until either of the following occurs:
(A)It is released by the Controller in the manner prescribed by Section 16186.
(B)The foreclosure or sale of an obligation secured by a lien which is senior in recording priority to the lien of the State of California.
(c)In the case of mobilehome loans established prior to February 20, 2009, all of the following shall apply:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid owing pursuant to this chapter.
(2)From the time that the Department of Housing and Community Development receives the notice of lien from the Controller, the department shall impose a moratorium on any other amendments to the permanent title record of the mobilehome unit until released by the Controller in the manner prescribed by Section 16186, or an authorization for the amendments is given by the Controller in writing.
(3)From the time of filing a notice of lien, a lien shall attach to the mobilehome for which eligibility for the postponement of property taxes has been granted.
SEC. 4.Section 16183 of the Government Code is amended to read:16183.(a)From the time a payment is made pursuant to Section 16180, the amount of that payment shall bear interest at a rate (not compounded), determined as follows:
(1)Beginning July 1, 2016, the rate of interest shall be 7 percent per annum.
(2)The Controller shall establish an adjusted rate of interest for the purpose of this subdivision not later than July 15th of any year if the effective annual yield of the Pooled Money Investment Account for the prior fiscal year is at least a full percentage point more or less than the interest rate which is then in effect. The adjusted rate of interest shall be equal per annum to the effective annual yield earned in the prior fiscal year by the Pooled Money Investment Account rounded to the nearest full percent, and shall become effective for new deferrals, beginning on July 1, 1984, and on July 1 of each immediately succeeding year, until June 30, 2016.
(3)For loans made prior to June 30, 2016, the rate of interest provided pursuant to this subdivision for the first fiscal year commencing after payment is made pursuant to Section 16180 shall apply for that fiscal year and each fiscal year thereafter until these postponed property taxes are repaid.
(b)The interest provided for in subdivision (a) shall be applied beginning the first day of the month following the month in which that payment is made and continuing on the first day of each month thereafter until that amount is paid. In the event that any payments are applied, in any month, to reduce the amount paid pursuant to Section 16180, the interest provided for herein shall be applied to the balance of that amount beginning on the first day of the following month.
(c)In computing interest in accordance with this section, fractions of a cent shall be disregarded.
(d)For the purpose of this section, the time a payment is made shall be deemed to be the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later.
(e)The Controller shall include on forms supplied to claimants pursuant to Sections 20621, 20630.5, 20640.9, and 20641 of the Revenue and Taxation Code, a statement of the interest rate which shall apply to amounts postponed for the fiscal year to which the form applies.
SEC. 5.Section 16184 of the Government Code is amended to read:16184.(a)The Controller shall reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by notification of any amounts paid by the Franchise Tax Board pursuant to Section 20564 of the Revenue and Taxation Code or by any amounts authorized pursuant to subdivision (f) of Section 20621 of the Revenue and Taxation Code. Any payment received for that purpose shall be applied in the following order:
(1)To any interest due on the loan.
(2)To the principal property tax amount.
(3)The remaining balance, if any, to administrative fees.
(b)The Controller shall also increase the amount of the obligation secured by the lien by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181.
SEC. 6.Section 16186.5 of the Government Code is amended to read:16186.5.In the event that a payment which is made to satisfy an obligation secured by a lien for postponed property taxes exceeds the amount owing to the state, the Controller may refund the overpayment to the party entitled thereto. The Controller shall pay those refunds out of the amount appropriated by Section 16180, or any appropriation in lieu thereof.
SEC. 7.Section 16200 of the Government Code is amended to read:16200.In the event that the Controller receives the notice described in Section 16187 of this code or Section 3375 of the Revenue and Taxation Code, the Controller may take any of the following actions which will best serve the interests of the state:
(a)Notify, by United States mail, the tax collector or other party that such notice has been received and that the Controller must be given at least 20 days prior notice of the date that the property will be sold at auction. If the Controller elects to proceed under this subdivision, the Controller may use funds appropriated by Section 16180 to bid on the property at the auction up to the amount secured by the states lien on the property and any lien on such property having priority over the states lien. All additional amounts paid pursuant to this subdivision shall be added to the amount secured by the lien on such property provided for in Article 1 (commencing with Section 16180) of this chapter.
(b)Acknowledge by United States mail that the notice required by Section 16187 of this code or Section 3375 of the Revenue and Taxation Code has been received.
SEC. 8.Section 16202 of the Government Code is amended to read:16202.Notwithstanding any other provision of law, in the event that the state acquires an interest in real property pursuant to subdivision (b) of Section 16200, the Controller may, in addition to the options provided in Section 16201, take any other action with respect to that real property interest as will best serve the interest of the state. These actions may include, but shall not be limited to, the sale, lease, or retention of any interest so acquired. The Controller may contract with licensed real estate brokers, maintenance and repair contractors, security contractors, appraisers, property managers, insurance brokers, and any other experts or specialists as may be necessary to protect or preserve the states interest in that property. The Controller may pay the costs incurred pursuant to those contracts out of the amount appropriated by Section 16180, or from any appropriation in lieu thereof.
The sale of those interests may be made on the basis of conventional financing arrangements including the securing of payment through the use of promissory notes, deeds of trust, and other accepted methods of deferred payment.
SEC. 9.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
SEC. 10.Section 27282 of the Government Code is amended to read:27282.(a)The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:
(1)A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.
(2)A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(3)A notice of location of mining claim.
(4)Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.
(5)Notices of lien for postponed property taxes executed pursuant to Section 16182.
(6)A release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.
(7)A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.
(8)An order affecting title to or possession of real property issued by a court in an action subject to Section 12527, authenticated by the certificate of the clerk of the court in which the order was issued or a copy of that order authenticated by a declaration under penalty of perjury by the Attorney General or by an assistant or deputy of the Attorney General attesting that the contents of the copy are the same as the original order issued by the court.
(9)A court certified copy of a satisfaction of judgment.
(10)A certificate of correction filed pursuant to Sections 66470 and 66472.1.
(b)Any document described in this section, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.
SEC. 11.Section 30201 of the Government Code is amended to read:30201.The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors or county officers in equivalent positions, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.
SEC. 12.Section 53237.1 of the Government Code is amended to read:53237.1.(a)If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b)Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c)An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d)The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e)A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f)All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g)A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.
SEC. 13.Section 54973 of the Government Code is amended to read:54973.The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
SEC. 14.Section 54974 of the Government Code is amended to read:54974.(a)Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agencys Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerks office.
(b)Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
SEC. 15.Section 21220 of the Public Contract Code is amended to read:21220.The provisions of this article shall apply to contracts by the Vallejo Flood and Wastewater District, as provided for in Chapter 17 of the Statutes of the 1952 First Extraordinary Session.
SEC. 16.Section 22050 of the Public Contract Code is amended to read:22050.(a)(1)In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2)Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b)(1)The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2)If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3)If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c)(1)If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2)If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3)When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d)As used in this section, public agency has the same meaning as defined in Section 22002.
(e)A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f)This section applies only to emergency action taken pursuant to Sections 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SEC. 17.Section 2505 of the Revenue and Taxation Code is amended to read:2505.(a)Except as provided in subdivision (b), the tax collector or treasurer for any city or county may in his or her discretion accept negotiable paper in payment of any tax, or assessment, or on a redemption.
(b)The tax collector of a county shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the county tax bill. The tax collector, treasurer, or other official charged with the duty of collecting taxes for a chartered city which levies and collects its own property taxes shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the tax bill of such city. A certificate for partial payment shall not be accepted unless accompanied by an amount sufficient to fully pay the remaining ad valorem property taxes, special assessment, or other charge or fee appearing on the respective tax bill installment.
(c)For the 197879 fiscal year and thereafter, except as to those amounts which can be paid by a certificate pursuant to subdivision (c), the tax collector shall not accept a certificate of eligibility to pay all or part of any installment if tendered after the delinquency date thereof, unless accompanied by an amount sufficient to fully pay any delinquent taxes, assessments, costs, penalties, interest, fees or other charges resulting from the delinquency or delinquencies.
(d)In no event shall a certificate of eligibility be accepted later than the expiration date designated thereon.
SEC. 18.Section 2514 of the Revenue and Taxation Code is amended to read:2514.(a)Upon receipt of the payment by the Controller described in Section 20602, 20630, or 20640.6, the following shall occur:
(1)The tax collector shall maintain a record of the fact that taxes on the property have been postponed. In the case of the secured roll, this information may be entered in that portion of the roll which has been designated for tax default information as required by Section 3439.
(2)With respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other type of account described in Section 2954 of the Civil Code, the tax collector shall notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector.
The county auditor, treasurer, or disbursing officer shall refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(b)The procedures established by this chapter shall not be construed to require a lender to alter the manner in which a lender makes payment of the property taxes of such a claimant.
SEC. 19.Section 2515 of the Revenue and Taxation Code is amended to read:2515.(a)Upon receiving a copy of the notice of lien for postponed property taxes from the Controller, the assessor shall maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and shall, if such record reveals a change in the ownership status of the property subsequent to the date of entry of the postponement information thereon, notify the Controller within 60 days of processing the change in the ownership status in the manner prescribed by the Controller.
(b)From the time of recordation of the notice of lien pursuant to Section 16182 of the Government Code, the lien for postponed property taxes shall be deemed to impart constructive notice of the contents thereof to subsequent purchasers, mortgagees, lessees, and other lienors.
SEC. 20.Section 2781 of the Revenue and Taxation Code is amended to read:2781.If a taxpayer or agent for the taxpayer submits a payment indicated for application to a specific tax or tax installment and that tax or tax installment already has been paid, the county shall return the replicated payment to the tendering party within 60 days of the date the payment becomes final. For purposes of this section, final means the original payment that is not subject to chargeback, dishonor, or reversal. However, when a replicated payment is made of any tax or tax installment paid by the Controller to the county pursuant to Section 2514, the amount of the replicated payment shall be paid to the claimant on whose behalf the payment was made.
SEC. 21.Section 20503 of the Revenue and Taxation Code is amended to read:20503.(a)Income means adjusted gross income as defined in Section 17072 plus all of the following cash items:
(1)Public assistance and relief.
(2)Nontaxable amount of pensions and annuities.
(3)Social security benefits (except Medicare).
(4)Railroad retirement benefits.
(5)Unemployment insurance payments.
(6)Veterans benefits.
(7)Exempt interest received from any source.
(8)Gifts and inheritances in excess of three hundred dollars ($300), other than transfers between members of the household. Gifts and inheritances include noncash items.
(9)Amounts contributed on behalf of the contributor to a tax-sheltered retirement plan or deferred compensation plan.
(10)Temporary workers compensation payments.
(11)Sick leave payments.
(12)Nontaxable military compensation as defined in Section 112 of the Internal Revenue Code.
(13)Nontaxable scholarship and fellowship grants as defined in Section 117 of the Internal Revenue Code.
(14)Nontaxable gain from the sale of a residence as defined in Section 121 of the Internal Revenue Code.
(15)Life insurance proceeds to the extent that the proceeds exceed the expenses incurred for the last illness and funeral of the deceased spouse of the claimant. Expenses incurred for the last illness includes unreimbursed expenses paid or incurred during the income calendar year and any expenses paid or incurred thereafter up until the date the claim is filed. For purposes of this paragraph, funeral expenses shall not exceed five thousand dollars ($5,000).
(16)If an alternative minimum tax is required to be paid pursuant to Chapter 2.1 (commencing with Section 17062) of Part 10, the amount of alternative minimum taxable income (whether or not cash) in excess of the regular taxable income.
(17)Annual winnings from the California Lottery in excess of six hundred dollars ($600) for the current year.
(b)For purposes of this chapter, total income shall be determined for the calendar year (or approved fiscal year ending within that calendar year) which ends within the fiscal year for which assistance is claimed.
(c)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the Property Tax Postponement requirement.
(d)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), total income shall be determined for the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed.
SEC. 22.Section 20505 of the Revenue and Taxation Code is amended to read:20505.Claimant means an individual who:
(a)For purposes of this chapter was either (1) 62 years of age or older on the last day of the calendar year or approved fiscal year designated in subdivision (b) or (c) of Section 20503, whichever is applicable, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code on the last day of the calendar year or approved fiscal year designated in subdivision (b) of Section 20503, who was a member of the household, and who was either: (1) the owner and occupier of a residential dwelling on the last day of the year designated in subdivision (b) or (c) of Section 20503, or (2) the renter of a rented residence on or before the last day of the year designated in subdivision (b) of Section 20503. An individual who qualifies as an owner-claimant may not qualify as a renter-claimant for the same year.
(b)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640) was a member of the household and either an owner-occupant, or a tenant stockholder occupant, or a possessory interestholder occupant, or a mobilehome owner-occupant, as the case may be, of the residential dwelling as to which postponement is claimed on the last day of the year designated in subdivision (d) of Section 20503, and who was (1) 62 years of age or older by December 31 of the fiscal year for which postponement is claimed, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which postponement is claimed.
SEC. 23.Section 20585 of the Revenue and Taxation Code is amended to read:20585.Postponement shall not be allowed under this chapter, Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640) if household income exceeds thirty-five thousand five hundred dollars ($35,500).
SEC. 24.Section 20586 of the Revenue and Taxation Code is amended to read:20586.For the purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), only one claimant per household each year shall be entitled to postponement. When two or more individuals in a household are qualified as claimants, they may determine who the claimant shall be. Such decision is irrevocable. If the individuals are unable to agree, the matter shall be determined by the Controller and his or her decision shall be final.
SEC. 25.Section 20621 of the Revenue and Taxation Code is amended to read:20621.Each claimant applying for postponement under Article 2 (commencing with Section 20601) shall file a claim under penalty of perjury with the Controller on a form supplied by the Controller. The claim shall contain all of the following:
(a)Evidence acceptable to the Controller that the person (1) is 62 years of age or older on or before December 31 of the fiscal year for which the postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
(b)A statement showing the household income for the period set forth in Section 20503.
(c)A statement describing the residential dwelling in a manner that the Controller may prescribe.
(d)The name of the county in which the residential dwelling is located and the address of the residential dwelling.
(e)The county assessors parcel number applicable to the property for which the claimant is applying for the postponement of property taxes.
(f)(1)Documentation evidencing the current existence of any abstract of judgment, federal tax lien, or state tax lien filed or recorded against the applicant, and any recorded mortgage or deed of trust that affects the subject residential dwelling, for the purpose of determining that the claimant possesses a 40-percent equity in the subject residential dwelling as required by paragraph (1) of subdivision (b) of Section 20583.
(2)Actual costs, not in excess of fifty dollars ($50), paid by the claimant to obtain the documentation shall reduce the amount of the lien for the year, but not the face amount of the payment prescribed in Section 16180 of the Government Code.
(g)Other information required by the Controller to establish eligibility.
SEC. 26.Section 20627 of the Revenue and Taxation Code is amended to read:20627.A tenant-stockholder claimant (hereinafter referred to as claimant) is an individual who, on the last day of the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed is: (a) a tenant-stockholder in a cooperative housing corporation (as defined in Section 216(b) of the Internal Revenue Code) and (b) occupies, as a principal place of residence, a residential unit in the cooperative housing corporation (notwithstanding Section 216(b) of the Internal Revenue Code). For the purposes of this chapter, a claimant must be (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 27.Section 20630 of the Revenue and Taxation Code is amended to read:20630.(a)A claimant may file with the Controller, a claim for postponement from the State of California of a sum equal to, but not exceeding the amount of property taxes, as defined in Section 20629, for the fiscal year for which the claim is made.
(b)Upon verification of the eligibility requirements set forth in Section 20630.5, the Controller shall mail the claimant a Notice of Election to Postpone which shall be in the form and contain such information as the Controller may prescribe. Accompanying the notice shall be a statement explaining that in order for the claimant to postpone all or part of the property taxes, the Notice of Election to Postpone must be mailed to the Controller with the following:
(1)A statement signed by an authorized officer of the cooperative housing corporation indicating the amount of the claimants proportionate share of property taxes and the method used to compute such amount.
(2)A recognition agreement signed by the claimant and executed by an officer of the corporation which acknowledges the assignment of the proprietary lease and the pledging of the claimants shares in the corporation as security for postponement, and sets forth the rights and duties of the state, the corporation and the claimant with respect to such stock and the proprietary lease. The recognition agreement shall be in such form and contain such provisions as the Controller shall prescribe.
(3)Any other additional security interest, created and perfected with respect to the rights of third persons in the manner provided by law for such type of security interest, which the Controller deems necessary to protect the interest of the state with regard to the repayment of postponed amounts by the claimant or a deceased claimants estate.
(c)When the Controller approves the Notice of Election to Postpone, the Controller shall issue payment to a county tax collector or other appropriate payee as determined by the Controller for the property taxes owed by the claimant. Payments may, upon appropriation by the Legislature, be made out of the amounts appropriated pursuant to Section 16180 of the Government Code that are secured by a secured tax lien and obligation as specified by Article 1 (commencing with Section 16180) of Chapter 5 of Division 4 of the Government Code.
SEC. 28.Section 20640.3 of the Revenue and Taxation Code is amended to read:20640.3.A claimant is an individual who:
(a)Holds a right to a possessory interest pursuant to a validly recorded instrument conveying such possessory interest for a term of years no less than 45 years beyond the last day of the calendar year ending immediately prior to the fiscal year for which taxes are initially postponed.
(b)Occupies as a principal place of residence the residential dwelling affixed to such possessory interest real property on the last day of the year designated in subdivision (d) of Section 20503.
(c)Is either (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 29.Section 20641 of the Revenue and Taxation Code is amended to read:20641.Forms filed pursuant to this part shall not be under oath but shall contain, or be verified by, a written declaration that they are made under the penalty of perjury. All forms filed pursuant to Chapter 1 (commencing with Section 20501) shall require such information as the Franchise Tax Board may from time to time prescribe, and shall be filed with the Franchise Tax Board. The Franchise Tax Board shall prepare blank forms for the claimant and shall distribute them throughout the state and furnish them upon application. All forms filed pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640), shall require such information as the Controller may from time to time prescribe, shall be filed with the Controller, and the Controller shall prepare such blank forms for the claimant and shall distribute them throughout the state and furnish them upon application.
SEC. 30.Section 20645.5 of the Revenue and Taxation Code is amended to read:20645.5.(a)If a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) is received by the Controller by February 10 for the fiscal year in which postponement is being claimed or by another date set by the Controller pursuant to Section 20622, then any delinquent penalties, costs, fees, and interest accrued for that fiscal year shall be canceled unless the failure to perfect the claim was due to willful neglect on the part of the claimant or representative.
(b)In the event of willful neglect, a payment from the Controller for that current fiscal year can be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. If an amount sufficient to pay all of the delinquent penalties, costs, fees, and interest is not received by the tax collector within 30 days from the date of the payment from the Controller, the tax collector may return the payment to the Controller to deny the postponement claim.
(c)(1)The Controller shall notify the claimant in writing when the payment has been submitted to the tax collector.
(2)In the event of willful neglect, in addition to the information required pursuant to paragraph (1), the Controller shall also notify the claimant in writing and provide a copy of the notification to the tax collector that a payment amount sufficient to pay all of the delinquent penalties, costs, fees, and interest must be received by the tax collector within 30 days from the date of the payment from the Controller to the county and that if this payment is not received by the tax collector, the tax collector may return the payment to the Controller to deny the postponement claim.
SEC. 31.Section 20645.6 of the Revenue and Taxation Code is amended to read:20645.6.(a)If the Controller denies a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), and the denial is reversed after appeal pursuant to Section 20645.1, the Controller shall transfer funds to the county for the amount of the taxes. If the taxes for the fiscal year were previously paid, the county shall refund the overpayment to the taxpayer. If the taxes for the fiscal year are delinquent, any resulting penalties or interest shall be canceled.
(b)The Controller shall notify the claimant in writing when a payment has been made pursuant to subdivision (a).
SEC. 32.Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 392 of the Statutes of 2016) is amended to read:Sec. 501.(a)The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1)One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Clarks Fork Reclamation District.
(B)Laguna Irrigation District.
(C)Upper San Jose Water Company.
(3)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A)Laton Community Services District.
(B)Riverdale Public Utility District.
(C)Lanare Community Services District.
(4)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Crescent Canal Company.
(B)Stinson Canal and Irrigation Company.
(5)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Riverdale Irrigation District.
(B)Reed Ditch Company.
(6)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Mill Race Company.
(B)Burrel Ditch Company.
(7)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Water District.
(B)Liberty Canal Company.
(b)There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board members absence or inability to act.
(c)Initial members and their alternates shall be chosen on or before January 31, 2017.
SEC. 33.Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:Sec. 34.(a)Project means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of any interests in real property and payment of incidental expenses.
(b)This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c)Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d)The acquisition of interests in real property outside the agencys boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e)This section does not alter the existing powers granted to members of the agreement.
(f)This section does not preclude the acquisition of time-limited easements.
SEC. 34.Section 1 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Section 1.This act creates a sanitation and flood control district called Vallejo Sanitation and Flood Control District, within the County of Solano. Beginning January 1, 2018, the district shall be called Vallejo Flood and Wastewater District. The boundaries of and territory included within the district shall be as follows:
Beginning at the southeast corner of that certain parcel of land as described in deed from Manuel Dos Reis, et al. to the Great Western Power Co., recorded February 1, 1917, in Book 225, of Deeds, page 436, Instrument No. 414; thence from said point of beginning northeasterly along the southeasterly line of said Great Western Power Co. parcel of land and the extension thereof to the northwesterly line of County Road No. 267, thence continuing along said northwesterly line and the extension northeasterly thereof, to the northwesterly corner of that certain parcel of land as described in deed from John Bernardo De Souza to Maria B. Souza, recorded August 6, 1934, in Book 127, of Official Records, page 36, Instrument No. 3228; thence southeasterly along the northerly line of said Souza parcel and the extension southeasterly thereof to the intersection of the northwesterly line of that certain parcel of land as described in Parcel No. 8 of deed recorded September 6, 1918, from Selby Smelting and Lead Company to American Smelters Securities Company, in Book 233 of Deeds, page 465, Instrument No. 2871; thence northeasterly along the northwesterly line of said American Smelters Securities Company property and the northeasterly continuation thereof said northeasterly extension being the northwesterly boundary line of that certain parcel of land described in deed to Antonio Borges recorded November 11, 1941, in Book 251 of Official Records, page 42, Instrument No. 11153, to the most northerly corner of said Borges parcel; thence N. 12 12 38 W. to the north line of Section 34, Township 4 North Range 3 West, if said section were projected, running; thence west along the north line of said Section 34 and the extension westerly thereof to the county boundary line between Napa and Solano Counties; thence southerly and westerly along said county boundary line to the center line of Mare Island-Napa River Channel; thence southerly following the center line of Mare Island-Napa River Channel to the boundary line between Contra Costa and Solano County; thence on the Solano County boundary line, generally southerly and easterly to a point due south of the point of beginning; thence northerly to the point of beginning.
SEC. 35.Section 2 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 2 of Chapter 627 of the Statutes of 1993, is amended to read:Sec.2.Objects and Purposes of Act and Powers of District. The objects and purposes of this act are to provide for the collection and disposal of sewage and industrial waste and for the control and disposition of the storm and flood waters of the district, and to protect the public health and also to protect from damage from the storm and flood waters the waterways, property, public highways and public places in the district.
The Legislature hereby declares that special facts and circumstances peculiar to the area within the district make the accomplishment of the purposes of this act impossible under existing general law and special legislation is necessary. The state and the people thereof have a primary and supreme interest in securing to the inhabitants and property owners within the district adequate facilities for the collection and disposal of sewage and the protection from waters naturally flowing into the district from the surrounding mountainous watershed. Special investigation has shown that the conditions within the district are peculiar to that area and that this act is essential to carry out the purposes herein expressed and for the elimination of duplication of governmental authority and securing greater economy of administration. It is further found and determined that the area within the district has no facilities for the sanitary treatment and disposal of sewage and is consequently contaminating and polluting the waters of San Francisco Bay. The area within the district is of strategic importance due to the proximity of Mare Island Navy Yard. The influx of Navy personnel and their families and civilian workers at the Mare Island Navy Yard has greatly aggravated the problem of sewage disposal in that area. The problem of sewage disposal is further aggravated by a lack of adequate drainage and flood water control and the infiltration of storm and flood waters into existing sanitary sewers. Both the problem of sanitary sewage and drainage and the problem of storm water flood control are so interrelated that the special problems relating to each can only be solved by uniform administration and a uniform control plan of sewage disposal and flood control works.
The Vallejo Flood and Wastewater District is hereby declared to be a body corporate and politic and may do all of the following:
(a)Succession. To have perpetual succession.
(b)Suits. To sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(c)Seal. To adopt a seal and alter it at pleasure.
(d)Ownership of Property. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of real or personal property of every kind within or without the district necessary to the full exercise of its powers.
(e)Acquisition of Property. To acquire or contract to acquire lands, rights-of-way, easements, privileges or property of every kind within or without the district, and construct, maintain and operate any and all works and improvements within or outside the district necessary, convenient or proper to carry out any of the provisions, objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it.
(f)Eminent Domain. To exercise the right of eminent domain, either within or outside the district, to acquire any property necessary to carry out any of the objects or purposes of the district.
(g)Sanitary Sewage Disposal Works. To acquire, construct, reconstruct, alter, own, operate, maintain and repair sewage treatment plants, including digesters, sludge heaters, sludge drying beds, effluent pumping plants, screens, clarifiers, storage ponds, control buildings, oxidizing ponds, sewage digestive systems, intercepting, collecting and outfall sewers, laterals, pipes, manholes, machinery, equipment, and all other facilities for the collection, transmission and disposition of sewage and industrial wastes, together with all works, properties or structures necessary or convenient for sewage disposal purposes. The terms sanitary sewage disposal works, sewage disposal works, sanitary sewage disposal purposes or sewage disposal purposes or similar terms shall include all of the works, properties, or structures necessary or convenient for sewage disposal purposes.
(h)Drainage and Flood Control Works. To construct, maintain, repair, and operate all levees, bulkheads, walls of rock or other material, pumps, dams, channels, conduits, pipes, ditches, canals, reservoirs, spreading basins, tunnels, drains, machinery and equipment necessary therefor, dredgers and all other auxiliary, incidental, necessary or convenient agencies, work or improvements that may be required to carry out, facilitate, repair, maintain or complete the same, and, in connection with any reservoirs or spreading basins, to acquire or construct improvements, including landscaping, apparatus, and equipment, to permit the incidental use of reservoirs or spreading basins for park, playground, or other recreation purposes. The terms storm water flood control works, drainage works, storm water flood control purposes and drainage purposes and similar terms shall mean and include all works, properties, or structures necessary or convenient for drainage and flood control purposes, and for purposes incidental thereto.
(i)Indebtedness. To incur indebtedness, and to issue bonds or other evidence of indebtedness in the manner herein provided, and to provide for the issuance of warrants of the district and the registration of any warrants not paid for want of funds and interest thereon after registration and until payment, and also to issue bonds or other securities payable from revenues.
(j)Revenues From Revenue Producing Utilities. To prescribe, revise and collect tolls, rents or other charges for any services or facilities furnished by the district; to contract with the City of Vallejo or any other public or private agency for the collection of tolls, rents, or other charges for any facility or service furnished by the district and to provide for the collection of the tolls, rents and charges along with the collection of water charges by the City of Vallejo or any other public or private agency.
(k)Assessments. To cause assessments to be levied and collected for the purpose of paying any obligations of the district.
(l)Employees. To employ engineers, attorneys, assistants and other staff as may be necessary, fix their compensation and define their powers and duties, and fix and determine the amount of bond required of each employee and pay the premium on the bond. The board shall prescribe, by resolution, the compensation for each classification of employees of the district. The board may combine, eliminate, or add staff positions in its discretion. The engineer-manager may appoint or hire employees for positions created by the board.
(m)Zones. To establish and fix the boundaries of zones in the district as in this act hereinafter provided; to make transfers of money from the operation fund of the district to any special fund and to create and administer the special funds as in their discretion may seem advisable; to create and administer revolving funds to facilitate and assist in the carrying on and completing of acquisitions, works, and improvements, and to do any and all things necessary or incidental to the accomplishment of the things which are permitted to be done under this act.
(n)Contracts. To make and enter into contracts with the United States of America, the State of California, any political subdivision, county, municipality, district, agency or mandatory of the State of California or of the United States and any department, board, bureau, or commission of the State of California or the United States of America, or any person, firm, association or corporation, jointly or severally, for the acquisition of property or rights or the construction, maintenance or operation in whole or in part of any or all works or improvements provided in this act.
(o)Lease of Property. To lease or rent to or from the City of Vallejo, the County of Solano, or any public or private agency, or person, firm or corporation, any property or rights necessary, in the judgment of the board of trustees of the district, to accomplish or carry out any of the work or improvement or the maintenance thereof herein provided and under terms and conditions agreed to by the parties.
(p)Contributions. To receive and accept any and all contributions in labor, materials, or money to be applied to the works or improvements herein provided for.
SEC. 36.Section 3 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 14 of Chapter 489 of the Statutes of 1997, is amended to read:Sec.3.(a)The Vallejo Flood and Wastewater District shall be governed by, and under the control of, eight trustees. Seven of the trustees shall be the seven members of the Vallejo City Council. The eighth trustee shall be a member-at-large appointed pursuant to subdivision (b). Each city council member shall cease to be a trustee of the district, and his or her office on the board shall become vacant, at any time that he or she ceases to be a member of the Vallejo City Council.
(b)On or before the date of the first regular meeting of the district, the eighth member-at-large of the board of trustees shall be appointed by the Board of Supervisors of the County of Solano. The board may appoint one of the following persons to be the eighth trustee:
(1)A member of the Board of Supervisors of the County of Solano that represents Supervisorial District 1 or District 2.
(2)A public member who resides in the unincorporated area within the boundaries of the Vallejo Flood and Wastewater District.
(c)The Board of Supervisors of the County of Solano may appoint an alternate to the eighth member-at-large of the board of trustees. Appointment of the alternate shall be made pursuant to subdivision (b).
SEC. 37.Section 16 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec.16.Assessments for Bond Principal and Interest. The board of trustees shall file with the Board of Supervisors of Solano County a certified copy of the map or plat of the district showing the zones into which the district has been divided and the percentage of the amount to be raised from each zone. All assessments for district purposes shall be made and collected by the County Assessor and Tax Collector, respectively, of the County of Solano. All lands situated within the district subject to assessments for district purposes but not included on the county roll for taxation for county purposes shall immediately upon the effective date of this act be placed upon and thereafter carried on the county roll of Solano County. The assessed valuation of the lands shall be determined and fixed by the county assessor and the amount of the assessed valuation corrected and equalized by the Board of Supervisors of Solano County at the same time or times and in the same manner as the assessed valuation of other lands upon the assessment rolls are fixed, determined, corrected and equalized by the county officials.
On or before the second Monday of August of each year, the County Auditor of Solano County shall transmit to the board of trustees of the district a statement in writing showing the total value of all land within the district, which value shall be ascertained from the assessment book of the county for that year as equalized and corrected by the board of supervisors of the county and which statement shall also show the total value of all land in each of the zones, respectively.
The board of trustees shall on or before the third Monday in August determine the total amount to be raised by district assessment for the then current fiscal year and shall fix the rate of assessment for each zone and the number of cents per each one hundred dollars ($100) using as a basis the value of land as it is assessed by the county assessor, and returned to the board of trustees of the district by the county auditor as hereinabove provided, which rate of taxation shall be sufficient to raise the total amount previously fixed by the board as hereinabove subscribed. Such acts by the board of trustees of the district shall constitute a valid assessment of the property and a valid levy of the assessment so fixed. The board of trustees shall immediately thereafter transmit to the County Auditor of Solano County a statement of the rate of assessment so fixed by the board for each zone into which the district may be divided, and the county auditor shall enter that rate upon the county tax roll. Such assessment so levied shall be collected at the same time and in the same manner as county taxes, and when collected the net amount thereof shall be credited to the treasurer of the district and shall be kept by the county treasurer in a separate fund to be designated Vallejo Flood and Wastewater District Interest and Sinking Fund, and the moneys in the fund shall be applied exclusively to the payment of principal and interest on the bonds of the district. The special assessments by the district shall be in addition to all other taxes and assessments levied for state, county or municipal purposes. If the district has been divided into zones and the percentage of the amount to be raised for the redemption of principal and interest of bonds of the district from each such zone has been determined as provided in this act, the amount of the assessment levy shall be divided according to the percentages and the percentage to be raised from the lands within each zone shall be levied upon and against the property of the zone as hereinabove provided. The district assessments shall be payable only with and not separately from county taxes when collected. Whenever any land situated in the district has been sold for assessments and has been redeemed, the money paid for the redemption shall be apportioned and credited by the county treasurer to the district in the proportion which the assessment due to the district bears to the total tax for which the property was sold. All assessments levied under the provisions of this act shall be a lien upon the property on which they are levied and shall become due and payable and be delinquent at the same time and in the same manner as county taxes, and enforced in the same manner and by the same means as provided by law for the enforcement of liens for state and county taxes, all provisions of law relating to the enforcement of the latter being hereby made a part of this act.
It shall be the duty of the Board of Supervisors of Solano County and of each and every officer of Solano County charged with any official duty relating to the levy and collection of county taxes to cause such district assessments to be levied and collected at the time and in the same manner as county taxes are levied and collected, and in any event it shall be the duty of the board of trustees to cause the assessments to be levied against and upon all land within the district at the time for fixing the general tax levy for county purposes, and in the manner for the general tax levy provided, and to cause to be collected annually each year until the bonds are paid or until there shall be a sum in the treasury of the district set apart for that purpose to meet all sums coming due for principal and interest on the bonds, assessments sufficient to pay the interest on the bonds and also that part of the principal thereof as shall become due before the time for fixing the next general tax levy, in which assessments may be included a sum sufficient in the judgment of the board of trustees to take care of anticipated delinquencies; provided, however, that if the maturity of the indebtedness created by the issuance of bonds be made to begin more than one year after the date of issuance thereof the assessments shall be levied and collected at the time and in the manner aforesaid annually each year in an amount sufficient to pay the interest on the indebtedness as it falls due and also to constitute a sinking fund for the redemption thereof on or before maturity. The assessments herein required to be levied and collected shall be in addition to all other assessments levied for district purposes and shall be collected at the same time and in the same manner as other district assessments are collected, and be used for no other purpose than the payment of the bonds and accruing interest.
All assessments levied by the district shall be levied solely upon lands within the district, including any land which is the operative property of any public utility, but excluding any personal property or any lands belonging to any county, municipality, or political subdivision within the district or lands belonging to the United States of America or the State of California or the district.
SEC. 38.Section 17 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 277 of Chapter 357 of the Statutes of 1957, is amended to read:Sec.17.Assessments for Maintenance and Operation. The board of trustees of the district shall have power, in any year, to levy an assessment upon the taxable property in the district as set forth in Section 16 hereof at the time and in the manner set forth therein, to carry out any of the objects or purposes of this act, and to pay the costs and expenses of maintaining, operating, extending, and repairing any work or improvement of the district for the ensuing fiscal year, and the board of trustees shall have power to control and order the expenditures for the purposes of all revenues so derived; provided, that those assessments levied under this section for any one year shall not exceed fifty cents ($0.50) on each one hundred dollars ($100) of the assessed valuation of the land in the district as the assessed valuation is shown on the last preceding assessment roll for state and county purposes; provided, further, that those assessments shall be in addition to any assessment levied to meet the bonded indebtedness of the district and all interest thereon. Such assessments, when collected, shall be held by the treasurer in a special fund to be designated Vallejo Flood and Wastewater Operation Fund. The moneys in the fund shall be withdrawn on warrants authorized by the trustees. Prior to the bond election at which bonds shall be authorized as herein provided, the district shall have the right to incur indebtedness for organization purposes, preliminary engineering expenses, and general incidental expenses as in this act specified, to an amount not exceeding two hundred thousand dollars ($200,000), the indebtedness to be evidenced by warrants of the district issued in payment of valid obligations incurred by the district, and which warrants shall be paid by the treasurer of the district out of the first proceeds of the sale of bonds of the district or out of moneys collected from the annual assessment to be levied under this Section 17, and until so paid the warrants shall bear interest at the rate of 6 percent per year from date of presentation and registration until paid. If funds are not available for the payment of the warrants at the time of their presentation to the treasurer, the same shall be registered in the office of the treasurer and shall be paid in the order of their registration. The treasurer shall publish notice of call for redemption of the warrants or any thereof whenever funds are available for their payment, and interest on the warrants shall cease upon the date fixed for that redemption. The notice shall be published in the district pursuant to Section 6061 of the Government Code.
The provisions in this Section 17 contained for the levy and collection of assessments for the payment of maintenance and operation costs of the district shall be effective for the Fiscal Year 1952-1953, and it shall be the duty of the County Assessor of Solano County and the State Board of Equalization forthwith upon the effective date of this act to take all necessary steps to enable the district to levy and collect an assessment for the Fiscal Year 1952-1953 for maintenance and operation and the payment of the initial costs of the organization of the district and other expenses incident thereto; provided, that such assessment for the Fiscal Year 1952-1953 shall be levied at a uniform rate on all land in the district. The creation of any zone in the district shall not be effective for the purposes of any assessment unless and until the board of trustees shall file with the county assessor and also with the State Board of Equalization a map or plat showing the zones into which the district is to be divided and the percentages to be raised from each zone.
SEC. 39.Section 28 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec.28.Short Title. This act may be designated and referred to as Vallejo Flood and Wastewater District Act.
SEC. 40.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 16182 of the Government Code is amended to read:16182.(a)All sums paid by the Controller under the provisions of this chapter, together with interest thereon, shall be secured by a lien in favor of the State of California when funds are transferred to the county by the Controller upon the real property for which property taxes have been postponed. In the case of a residential dwelling which is part of a larger parcel taxed as a unit, such as a duplex, farm, or multipurpose or multidwelling building, the lien shall be against the entire tax parcel.
(b)In the case of real property:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid or owing pursuant to this chapter, including amounts paid subsequent to the initial payment of postponed taxes on the real property described in the notice of lien.
(2)The notice of lien may bear the facsimile signature of the Controller. Each signature shall be that of the person who shall be in the office at the time of execution of the notice of lien; provided, however, that such notice of lien shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of recordation.
(3)The form and contents of the notice of lien for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following:
(A)The names of all record owners of the real property for which the Controller has advanced funds for the payment of real property taxes.
(B)A description of the real property for which real property taxes have been paid.
(C)The identification number of the notice of lien which has been assigned the lien by the Controller.
(4)Within 14 business days of the transfer of funds and the notice of lien to the county by the Controller, the notice of lien shall be recorded in the office of the county recorder for the county in which the real property subject to the lien is located.
(5)The recorded notice of lien shall be indexed in the Grantor Index to the names of all record owners of the real property and in the Grantee Index to the Controller of the State of California.
(6)After the notice of lien has been duly recorded and indexed, it shall be returned by the county recorder to the office of the Controller. The Controller shall provide the county tax collector and the county assessor with a copy of the notice of lien which has been executed.
(7)From the time of recordation of a notice of lien for postponed property taxes, a lien shall attach to the real property described therein and shall have the priority of a judgment lien for all amounts secured thereby, except that the lien shall remain in effect until either of the following occurs:
(A)It is released by the Controller in the manner prescribed by Section 16186.
(B)The foreclosure or sale of an obligation secured by a lien which is senior in recording priority to the lien of the State of California.
(c)In the case of mobilehome loans established prior to February 20, 2009, all of the following shall apply:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid owing pursuant to this chapter.
(2)From the time that the Department of Housing and Community Development receives the notice of lien from the Controller, the department shall impose a moratorium on any other amendments to the permanent title record of the mobilehome unit until released by the Controller in the manner prescribed by Section 16186, or an authorization for the amendments is given by the Controller in writing.
(3)From the time of filing a notice of lien, a lien shall attach to the mobilehome for which eligibility for the postponement of property taxes has been granted.
SEC. 4.Section 16183 of the Government Code is amended to read:16183.(a)From the time a payment is made pursuant to Section 16180, the amount of that payment shall bear interest at a rate (not compounded), determined as follows:
(1)Beginning July 1, 2016, the rate of interest shall be 7 percent per annum.
(2)The Controller shall establish an adjusted rate of interest for the purpose of this subdivision not later than July 15th of any year if the effective annual yield of the Pooled Money Investment Account for the prior fiscal year is at least a full percentage point more or less than the interest rate which is then in effect. The adjusted rate of interest shall be equal per annum to the effective annual yield earned in the prior fiscal year by the Pooled Money Investment Account rounded to the nearest full percent, and shall become effective for new deferrals, beginning on July 1, 1984, and on July 1 of each immediately succeeding year, until June 30, 2016.
(3)For loans made prior to June 30, 2016, the rate of interest provided pursuant to this subdivision for the first fiscal year commencing after payment is made pursuant to Section 16180 shall apply for that fiscal year and each fiscal year thereafter until these postponed property taxes are repaid.
(b)The interest provided for in subdivision (a) shall be applied beginning the first day of the month following the month in which that payment is made and continuing on the first day of each month thereafter until that amount is paid. In the event that any payments are applied, in any month, to reduce the amount paid pursuant to Section 16180, the interest provided for herein shall be applied to the balance of that amount beginning on the first day of the following month.
(c)In computing interest in accordance with this section, fractions of a cent shall be disregarded.
(d)For the purpose of this section, the time a payment is made shall be deemed to be the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later.
(e)The Controller shall include on forms supplied to claimants pursuant to Sections 20621, 20630.5, 20640.9, and 20641 of the Revenue and Taxation Code, a statement of the interest rate which shall apply to amounts postponed for the fiscal year to which the form applies.
SEC. 5.Section 16184 of the Government Code is amended to read:16184.(a)The Controller shall reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by notification of any amounts paid by the Franchise Tax Board pursuant to Section 20564 of the Revenue and Taxation Code or by any amounts authorized pursuant to subdivision (f) of Section 20621 of the Revenue and Taxation Code. Any payment received for that purpose shall be applied in the following order:
(1)To any interest due on the loan.
(2)To the principal property tax amount.
(3)The remaining balance, if any, to administrative fees.
(b)The Controller shall also increase the amount of the obligation secured by the lien by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181.
SEC. 6.Section 16186.5 of the Government Code is amended to read:16186.5.In the event that a payment which is made to satisfy an obligation secured by a lien for postponed property taxes exceeds the amount owing to the state, the Controller may refund the overpayment to the party entitled thereto. The Controller shall pay those refunds out of the amount appropriated by Section 16180, or any appropriation in lieu thereof.
SEC. 7.Section 16200 of the Government Code is amended to read:16200.In the event that the Controller receives the notice described in Section 16187 of this code or Section 3375 of the Revenue and Taxation Code, the Controller may take any of the following actions which will best serve the interests of the state:
(a)Notify, by United States mail, the tax collector or other party that such notice has been received and that the Controller must be given at least 20 days prior notice of the date that the property will be sold at auction. If the Controller elects to proceed under this subdivision, the Controller may use funds appropriated by Section 16180 to bid on the property at the auction up to the amount secured by the states lien on the property and any lien on such property having priority over the states lien. All additional amounts paid pursuant to this subdivision shall be added to the amount secured by the lien on such property provided for in Article 1 (commencing with Section 16180) of this chapter.
(b)Acknowledge by United States mail that the notice required by Section 16187 of this code or Section 3375 of the Revenue and Taxation Code has been received.
SEC. 8.Section 16202 of the Government Code is amended to read:16202.Notwithstanding any other provision of law, in the event that the state acquires an interest in real property pursuant to subdivision (b) of Section 16200, the Controller may, in addition to the options provided in Section 16201, take any other action with respect to that real property interest as will best serve the interest of the state. These actions may include, but shall not be limited to, the sale, lease, or retention of any interest so acquired. The Controller may contract with licensed real estate brokers, maintenance and repair contractors, security contractors, appraisers, property managers, insurance brokers, and any other experts or specialists as may be necessary to protect or preserve the states interest in that property. The Controller may pay the costs incurred pursuant to those contracts out of the amount appropriated by Section 16180, or from any appropriation in lieu thereof.
The sale of those interests may be made on the basis of conventional financing arrangements including the securing of payment through the use of promissory notes, deeds of trust, and other accepted methods of deferred payment.
SEC. 9.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
SEC. 10.Section 27282 of the Government Code is amended to read:27282.(a)The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:
(1)A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.
(2)A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(3)A notice of location of mining claim.
(4)Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.
(5)Notices of lien for postponed property taxes executed pursuant to Section 16182.
(6)A release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.
(7)A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.
(8)An order affecting title to or possession of real property issued by a court in an action subject to Section 12527, authenticated by the certificate of the clerk of the court in which the order was issued or a copy of that order authenticated by a declaration under penalty of perjury by the Attorney General or by an assistant or deputy of the Attorney General attesting that the contents of the copy are the same as the original order issued by the court.
(9)A court certified copy of a satisfaction of judgment.
(10)A certificate of correction filed pursuant to Sections 66470 and 66472.1.
(b)Any document described in this section, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.
SEC. 11.Section 30201 of the Government Code is amended to read:30201.The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors or county officers in equivalent positions, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.
SEC. 12.Section 53237.1 of the Government Code is amended to read:53237.1.(a)If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b)Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c)An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d)The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e)A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f)All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g)A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.
SEC. 13.Section 54973 of the Government Code is amended to read:54973.The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
SEC. 14.Section 54974 of the Government Code is amended to read:54974.(a)Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agencys Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerks office.
(b)Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
SEC. 15.Section 21220 of the Public Contract Code is amended to read:21220.The provisions of this article shall apply to contracts by the Vallejo Sanitation and Flood Control Flood and Wastewater District, as provided for in Chapter 17 of the Statutes of the 1952 First Extraordinary Session.
SEC. 15.SEC. 16.Section 22050 of the Public Contract Code is amended to read:22050.(a)(1)In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2)Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b)(1)The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2)If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3)If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c)(1)If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2)If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3)When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d)As used in this section, public agency has the same meaning as defined in Section 22002.
(e)A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f)This section applies only to emergency action taken pursuant to Sections 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SEC. 16.SEC. 17.Section 2505 of the Revenue and Taxation Code is amended to read:2505.(a)Except as provided in subdivision (b), the tax collector or treasurer for any city or county may in his or her discretion accept negotiable paper in payment of any tax, or assessment, or on a redemption.
(b)The tax collector of a county shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the county tax bill. The tax collector, treasurer, or other official charged with the duty of collecting taxes for a chartered city which levies and collects its own property taxes shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the tax bill of such city. A certificate for partial payment shall not be accepted unless accompanied by an amount sufficient to fully pay the remaining ad valorem property taxes, special assessment, or other charge or fee appearing on the respective tax bill installment.
(c)For the 197879 fiscal year and thereafter, except as to those amounts which can be paid by a certificate pursuant to subdivision (c), the tax collector shall not accept a certificate of eligibility to pay all or part of any installment if tendered after the delinquency date thereof, unless accompanied by an amount sufficient to fully pay any delinquent taxes, assessments, costs, penalties, interest, fees or other charges resulting from the delinquency or delinquencies.
(d)In no event shall a certificate of eligibility be accepted later than the expiration date designated thereon.
SEC. 17.SEC. 18.Section 2514 of the Revenue and Taxation Code is amended to read:2514.(a)Upon receipt of the payment by the Controller described in Section 20602, 20630, or 20640.6, the following shall occur:
(1)The tax collector shall maintain a record of the fact that taxes on the property have been postponed. In the case of the secured roll, this information may be entered in that portion of the roll which has been designated for tax default information as required by Section 3439.
(2)With respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other type of account described in Section 2954 of the Civil Code, the tax collector shall notify the auditor of the claimants name and address, and the duplicate amount of money the Controller paid to the tax collector.
The county auditor, treasurer, or disbursing officer shall refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(b)The procedures established by this chapter shall not be construed to require a lender to alter the manner in which a lender makes payment of the property taxes of such a claimant.
SEC. 18.SEC. 19.Section 2515 of the Revenue and Taxation Code is amended to read:2515.(a)Upon receiving a copy of the notice of lien for postponed property taxes from the Controller, the assessor shall maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number and shall, if such record reveals a change in the ownership status of the property subsequent to the date of entry of the postponement information thereon, notify the Controller within 60 days of processing the change in the ownership status in the manner prescribed by the Controller.
(b)From the time of recordation of the notice of lien pursuant to Section 16182 of the Government Code, the lien for postponed property taxes shall be deemed to impart constructive notice of the contents thereof to subsequent purchasers, mortgagees, lessees, and other lienors.
SEC. 19.SEC. 20.Section 2781 of the Revenue and Taxation Code is amended to read:2781.If a taxpayer or agent for the taxpayer submits a payment indicated for application to a specific tax or tax installment and that tax or tax installment already has been paid, the county shall return the replicated payment to the tendering party within 60 days of the date the payment becomes final. For purposes of this section, final means the original payment that is not subject to chargeback, dishonor, or reversal. However, when a replicated payment is made of any tax or tax installment paid by the Controller to the county pursuant to Section 2514, the amount of the replicated payment shall be paid to the claimant on whose behalf the payment was made.
SEC. 20.SEC. 21.Section 20503 of the Revenue and Taxation Code is amended to read:20503.(a)Income means adjusted gross income as defined in Section 17072 plus all of the following cash items:
(1)Public assistance and relief.
(2)Nontaxable amount of pensions and annuities.
(3)Social security benefits (except Medicare).
(4)Railroad retirement benefits.
(5)Unemployment insurance payments.
(6)Veterans benefits.
(7)Exempt interest received from any source.
(8)Gifts and inheritances in excess of three hundred dollars ($300), other than transfers between members of the household. Gifts and inheritances include noncash items.
(9)Amounts contributed on behalf of the contributor to a tax-sheltered retirement plan or deferred compensation plan.
(10)Temporary workers compensation payments.
(11)Sick leave payments.
(12)Nontaxable military compensation as defined in Section 112 of the Internal Revenue Code.
(13)Nontaxable scholarship and fellowship grants as defined in Section 117 of the Internal Revenue Code.
(14)Nontaxable gain from the sale of a residence as defined in Section 121 of the Internal Revenue Code.
(15)Life insurance proceeds to the extent that the proceeds exceed the expenses incurred for the last illness and funeral of the deceased spouse of the claimant. Expenses incurred for the last illness includes unreimbursed expenses paid or incurred during the income calendar year and any expenses paid or incurred thereafter up until the date the claim is filed. For purposes of this paragraph, funeral expenses shall not exceed five thousand dollars ($5,000).
(16)If an alternative minimum tax is required to be paid pursuant to Chapter 2.1 (commencing with Section 17062) of Part 10, the amount of alternative minimum taxable income (whether or not cash) in excess of the regular taxable income.
(17)Annual winnings from the California Lottery in excess of six hundred dollars ($600) for the current year.
(b)For purposes of this chapter, total income shall be determined for the calendar year (or approved fiscal year ending within that calendar year) which ends within the fiscal year for which assistance is claimed.
(c)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the Property Tax Postponement requirement.
(d)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), total income shall be determined for the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed.
SEC. 21.SEC. 22.Section 20505 of the Revenue and Taxation Code is amended to read:20505.Claimant means an individual who:
(a)For purposes of this chapter was either (1) 62 years of age or older on the last day of the calendar year or approved fiscal year designated in subdivision (b) or (c) of Section 20503, whichever is applicable, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code on the last day of the calendar year or approved fiscal year designated in subdivision (b) of Section 20503, who was a member of the household, and who was either: (1) the owner and occupier of a residential dwelling on the last day of the year designated in subdivision (b) or (c) of Section 20503, or (2) the renter of a rented residence on or before the last day of the year designated in subdivision (b) of Section 20503. An individual who qualifies as an owner-claimant may not qualify as a renter-claimant for the same year.
(b)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640) was a member of the household and either an owner-occupant, or a tenant stockholder occupant, or a possessory interestholder occupant, or a mobilehome owner-occupant, as the case may be, of the residential dwelling as to which postponement is claimed on the last day of the year designated in subdivision (d) of Section 20503, and who was (1) 62 years of age or older by December 31 of the fiscal year for which postponement is claimed, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which postponement is claimed.
SEC. 22.Section 20583 of the Revenue and Taxation Code is amended to read:20583.(a)Residential dwelling means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.(b)As used in this chapter in reference to ownership interests in residential dwellings, owned includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but owned does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the states interest is adequately protected.(c)Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.(d)Residential dwelling does not include any of the following:(1)Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the states interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.(2)Any residential dwelling in which the claimants interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.(3)Any residential dwelling on which the claimant does not receive a secured tax bill.(4)Any residential dwelling in which the claimants interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).(5)Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code.SEC. 23.Section 20585 of the Revenue and Taxation Code is amended to read:20585.Postponement shall not be allowed under this chapter, Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640) if household income exceeds thirty-five thousand five hundred dollars ($35,500).
SEC. 24.Section 20586 of the Revenue and Taxation Code is amended to read:20586.For the purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), only one claimant per household each year shall be entitled to postponement. When two or more individuals in a household are qualified as claimants, they may determine who the claimant shall be. Such decision is irrevocable. If the individuals are unable to agree, the matter shall be determined by the Controller and his or her decision shall be final.
SEC. 25.Section 20621 of the Revenue and Taxation Code is amended to read:20621.Each claimant applying for postponement under Article 2 (commencing with Section 20601) shall file a claim under penalty of perjury with the Controller on a form supplied by the Controller. The claim shall contain all of the following:
(a)Evidence acceptable to the Controller that the person (1) is 62 years of age or older on or before December 31 of the fiscal year for which the postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
(b)A statement showing the household income for the period set forth in Section 20503.
(c)A statement describing the residential dwelling in a manner that the Controller may prescribe.
(d)The name of the county in which the residential dwelling is located and the address of the residential dwelling.
(e)The county assessors parcel number applicable to the property for which the claimant is applying for the postponement of property taxes.
(f)(1)Documentation evidencing the current existence of any abstract of judgment, federal tax lien, or state tax lien filed or recorded against the applicant, and any recorded mortgage or deed of trust that affects the subject residential dwelling, for the purpose of determining that the claimant possesses a 40-percent equity in the subject residential dwelling as required by paragraph (1) of subdivision (b) of Section 20583.
(2)Actual costs, not in excess of fifty dollars ($50), paid by the claimant to obtain the documentation shall reduce the amount of the lien for the year, but not the face amount of the payment prescribed in Section 16180 of the Government Code.
(g)Other information required by the Controller to establish eligibility.
SEC. 26.Section 20627 of the Revenue and Taxation Code is amended to read:20627.A tenant-stockholder claimant (hereinafter referred to as claimant) is an individual who, on the last day of the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed is: (a) a tenant-stockholder in a cooperative housing corporation (as defined in Section 216(b) of the Internal Revenue Code) and (b) occupies, as a principal place of residence, a residential unit in the cooperative housing corporation (notwithstanding Section 216(b) of the Internal Revenue Code). For the purposes of this chapter, a claimant must be (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 27.Section 20630 of the Revenue and Taxation Code is amended to read:20630.(a)A claimant may file with the Controller, a claim for postponement from the State of California of a sum equal to, but not exceeding the amount of property taxes, as defined in Section 20629, for the fiscal year for which the claim is made.
(b)Upon verification of the eligibility requirements set forth in Section 20630.5, the Controller shall mail the claimant a Notice of Election to Postpone which shall be in the form and contain such information as the Controller may prescribe. Accompanying the notice shall be a statement explaining that in order for the claimant to postpone all or part of the property taxes, the Notice of Election to Postpone must be mailed to the Controller with the following:
(1)A statement signed by an authorized officer of the cooperative housing corporation indicating the amount of the claimants proportionate share of property taxes and the method used to compute such amount.
(2)A recognition agreement signed by the claimant and executed by an officer of the corporation which acknowledges the assignment of the proprietary lease and the pledging of the claimants shares in the corporation as security for postponement, and sets forth the rights and duties of the state, the corporation and the claimant with respect to such stock and the proprietary lease. The recognition agreement shall be in such form and contain such provisions as the Controller shall prescribe.
(3)Any other additional security interest, created and perfected with respect to the rights of third persons in the manner provided by law for such type of security interest, which the Controller deems necessary to protect the interest of the state with regard to the repayment of postponed amounts by the claimant or a deceased claimants estate.
(c)When the Controller approves the Notice of Election to Postpone, the Controller shall issue payment to a county tax collector or other appropriate payee as determined by the Controller for the property taxes owed by the claimant. Payments may, upon appropriation by the Legislature, be made out of the amounts appropriated pursuant to Section 16180 of the Government Code that are secured by a secured tax lien and obligation as specified by Article 1 (commencing with Section 16180) of Chapter 5 of Division 4 of the Government Code.
SEC. 28.Section 20640.3 of the Revenue and Taxation Code is amended to read:20640.3.A claimant is an individual who:
(a)Holds a right to a possessory interest pursuant to a validly recorded instrument conveying such possessory interest for a term of years no less than 45 years beyond the last day of the calendar year ending immediately prior to the fiscal year for which taxes are initially postponed.
(b)Occupies as a principal place of residence the residential dwelling affixed to such possessory interest real property on the last day of the year designated in subdivision (d) of Section 20503.
(c)Is either (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on February 10 of the fiscal year for which the postponement is claimed.
SEC. 29.Section 20641 of the Revenue and Taxation Code is amended to read:20641.Forms filed pursuant to this part shall not be under oath but shall contain, or be verified by, a written declaration that they are made under the penalty of perjury. All forms filed pursuant to Chapter 1 (commencing with Section 20501) shall require such information as the Franchise Tax Board may from time to time prescribe, and shall be filed with the Franchise Tax Board. The Franchise Tax Board shall prepare blank forms for the claimant and shall distribute them throughout the state and furnish them upon application. All forms filed pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), or Chapter 3.5 (commencing with Section 20640), shall require such information as the Controller may from time to time prescribe, shall be filed with the Controller, and the Controller shall prepare such blank forms for the claimant and shall distribute them throughout the state and furnish them upon application.
SEC. 30.Section 20645.5 of the Revenue and Taxation Code is amended to read:20645.5.(a)If a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) is received by the Controller by February 10 for the fiscal year in which postponement is being claimed or by another date set by the Controller pursuant to Section 20622, then any delinquent penalties, costs, fees, and interest accrued for that fiscal year shall be canceled unless the failure to perfect the claim was due to willful neglect on the part of the claimant or representative.
(b)In the event of willful neglect, a payment from the Controller for that current fiscal year can be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. If an amount sufficient to pay all of the delinquent penalties, costs, fees, and interest is not received by the tax collector within 30 days from the date of the payment from the Controller, the tax collector may return the payment to the Controller to deny the postponement claim.
(c)(1)The Controller shall notify the claimant in writing when the payment has been submitted to the tax collector.
(2)In the event of willful neglect, in addition to the information required pursuant to paragraph (1), the Controller shall also notify the claimant in writing and provide a copy of the notification to the tax collector that a payment amount sufficient to pay all of the delinquent penalties, costs, fees, and interest must be received by the tax collector within 30 days from the date of the payment from the Controller to the county and that if this payment is not received by the tax collector, the tax collector may return the payment to the Controller to deny the postponement claim.
SEC. 31.Section 20645.6 of the Revenue and Taxation Code is amended to read:20645.6.(a)If the Controller denies a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), and the denial is reversed after appeal pursuant to Section 20645.1, the Controller shall transfer funds to the county for the amount of the taxes. If the taxes for the fiscal year were previously paid, the county shall refund the overpayment to the taxpayer. If the taxes for the fiscal year are delinquent, any resulting penalties or interest shall be canceled.
(b)The Controller shall notify the claimant in writing when a payment has been made pursuant to subdivision (a).
SEC. 32.Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 392 of the Statutes of 2016) is amended to read:Sec. 501.(a)The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1)One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Clarks Fork Reclamation District.
(B)Laguna Irrigation District.
(C)Upper San Jose Water Company.
(3)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A)Laton Community Services District.
(B)Riverdale Public Utility District.
(C)Lanare Community Services District.
(4)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Crescent Canal Company.
(B)Stinson Canal and Irrigation Company.
(5)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Riverdale Irrigation District.
(B)Reed Ditch Company.
(6)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Mill Race Company.
(B)Burrel Ditch Company.
(7)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Water District.
(B)Liberty Canal Company.
(b)There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board members absence or inability to act.
(c)Initial members and their alternates shall be chosen on or before January 31, 2017.
SEC. 33.Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:Sec. 34.(a)Project means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of any interests in real property and payment of incidental expenses.
(b)This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c)Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d)The acquisition of interests in real property outside the agencys boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e)This section does not alter the existing powers granted to members of the agreement.
(f)This section does not preclude the acquisition of time-limited easements.
SEC. 34.Section 1 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Section 1.Vallejo Sanitation and Flood Control District Created. A sanitation and flood control district is hereby created, to be This act creates a sanitation and flood control district called Vallejo Sanitation and Flood Control District, within the County of Solano, and the Solano. Beginning January 1, 2018, the district shall be called Vallejo Flood and Wastewater District. The boundaries of and territory included within said the district shall be as follows:
Beginning at the southeast corner of that certain parcel of land as described in deed from Manuel Dos Reis, et al. to the Great Western Power Co., recorded February 1, 1917, in Book 225, of Deeds, page 436, Instrument No. 414; thence from said point of beginning northeasterly along the southeasterly line of said Great Western Power Co. parcel of land and the extension thereof to the northwesterly line of County Road No. 267, thence continuing along said northwesterly line and the extension northeasterly thereof, to the northwesterly corner of that certain parcel of land as described in deed from John Bernardo De Souza to Maria B. Souza, recorded August 6, 1934 in Book 127, of Official Records, page 36, Instrument No. 3228; thence southeasterly along the northerly line of said Souza parcel and the extension southeasterly thereof to the intersection of the northwesterly line of that certain parcel of land as described in Parcel No. 8 of deed recorded September 6, 1918, from Selby Smelting and Lead Company to American Smelters Securities Company, in Book 233 of Deeds, page 465, Instrument No. 2871; thence northeasterly along the northwesterly line of said American Smelters Securities Company property and the northeasterly continuation thereof said northeasterly extension being the northwesterly boundary line of that certain parcel of land described in deed to Antonio Borges recorded November 11, 1941, in Book 251 of Official Records, page 42, Instrument No. 11153, to the most northerly corner of said Borges parcel; thence N. 12 12 38 W. to the north line of Section 34, Township 4 North Range 3 West, if said section were projected, running; thence west along the north line of said Section 34 and the extension westerly thereof to the county boundary line between Napa and Solano Counties; thence southerly and westerly along said county boundary line to the center line of Mare Island-Napa River Channel; thence southerly following the center line of Mare Island-Napa River Channel to the boundary line between Contra Costa and Solano County; thence on the Solano County boundary line, generally southerly and easterly to a point due south of the point of beginning; thence northerly to the point of beginning.
SEC. 35.Section 2 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 2 of Chapter 627 of the Statutes of 1993, is amended to read:Sec. 2.Objects and Purposes of Act and Powers of District. The objects and purposes of this act are to provide for the collection and disposal of sewage and industrial waste and for the control and disposition of the storm and flood waters of the district, and to protect the public health and also to protect from damage from the storm and flood waters the waterways, property, public highways and public places in the district.
The Legislature hereby declares that special facts and circumstances peculiar to the area within the district makes make the accomplishment of the purposes of this act impossible under existing general law and special legislation is necessary. The state and the people thereof have a primary and supreme interest in securing to the inhabitants and property owners within the district adequate facilities for the collection and disposal of sewage and the protection from waters naturally flowing into the district from the surrounding mountainous watershed. Special investigation has shown that the conditions within the district are peculiar to that area and that this act is essential to carry out the purposes herein expressed and for the elimination of duplication of governmental authority and securing greater economy of administration. It is further found and determined that the area within the district has no facilities for the sanitary treatment and disposal of sewage and is consequently contaminating and polluting the waters of San Francisco Bay. The area within the district is of strategic importance due to the proximity of Mare Island Navy Yard. The influx of Navy personnel and their families and civilian workers at the Mare Island Navy Yard has greatly aggravated the problem of sewage disposal in that area. The problem of sewage disposal is further aggravated by a lack of adequate drainage and floodwater flood water control and the infiltration of storm and flood waters into existing sanitary sewers. Both the problem of sanitary sewage and drainage and the problem of storm water flood control are so interrelated that the special problems relating to each can only be solved by uniform administration and a uniform control plan of sewage disposal and flood control works.
The Vallejo Sanitation and Flood Control Flood and Wastewater District is hereby declared to be a body corporate and politic and may do all of the following:
(a)Succession. To have perpetual succession.
(b)Suits. To sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(c)Seal. To adopt a seal and alter it at pleasure.
(d)Ownership of Property. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of real or personal property of every kind within or without the district necessary to the full exercise of its powers.
(e)Acquisition of Property. To acquire or contract to acquire lands, rights-of-way, easements, privileges or property of every kind within or without the district, and construct, maintain and operate any and all works and improvements within or outside the district necessary, convenient or proper to carry out any of the provisions, objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it.
(f)Eminent Domain. To exercise the right of eminent domain, either within or outside the district, to acquire any property necessary to carry out any of the objects or purposes of the district.
(g)Sanitary Sewage Disposal Works. To acquire, construct, reconstruct, alter, own, operate, maintain and repair sewage treatment plants, including digesters, sludge heaters, sludge drying beds, effluent pumping plants, screens, clarifiers, storage ponds, control buildings, oxidizing ponds, sewage digestive systems, intercepting, collecting and outfall sewers, laterals, pipes, manholes, machinery, equipment, and all other facilities for the collection, transmission and disposition of sewage and industrial wastes, together with all works, properties or structures necessary or convenient for sewage disposal purposes. The terms sanitary sewage disposal works, sewage disposal works, sanitary sewage disposal purposes or sewage disposal purposes or similar terms shall include all of the works, properties, or structures necessary or convenient for sewage disposal purposes.
(h)Drainage and Flood Control Works. To construct, maintain, repair, and operate all levees, bulkheads, walls of rock or other material, pumps, dams, channels, conduits, pipes, ditches, canals, reservoirs, spreading basins, tunnels, drains, machinery and equipment necessary therefor, dredgers and all other auxiliary, incidental, necessary or convenient agencies, work or improvements that may be required to carry out, facilitate, repair, maintain or complete the same, and, in connection with any reservoirs or spreading basins, to acquire or construct improvements, including landscaping, apparatus, and equipment, to permit the incidental use of reservoirs or spreading basins for park, playground, or other recreation purposes. The terms storm water flood control works, drainage works, storm water flood control purposes and drainage purposes and similar terms shall mean and include all works, properties, or structures necessary or convenient for drainage and flood control purposes, and for purposes incidental thereto.
(i)Indebtedness. To incur indebtedness, and to issue bonds or other evidence of indebtedness in the manner herein provided, and to provide for the issuance of warrants of the district and the registration of any warrants not paid for want of funds and interest thereon after registration and until payment, and also to issue bonds or other securities payable from revenues.
(j)Revenues From Revenue Producing Utilities. To prescribe, revise and collect tolls, rents or other charges for any services or facilities furnished by the district; to contract with the City of Vallejo or any other public or private agency for the collection of tolls, rents, or other charges for any facility or service furnished by the district and to provide for the collection of the tolls, rents and charges along with the collection of water charges by the City of Vallejo or any other public or private agency.
(k)Assessments. To cause assessments to be levied and collected for the purpose of paying any obligations of the district.
(l)Employees. To employ engineers, attorneys, assistants and other staff as may be necessary, fix their compensation and define their powers and duties, and fix and determine the amount of bond required of each employee and pay the premium on the bond. The board shall prescribe, by resolution, the compensation for each classification of employees of the district. The board may combine, eliminate, or add staff positions in its discretion. The engineer-manager may appoint or hire employees for positions created by the board.
(m)Zones. To establish and fix the boundaries of zones in the district as in this act hereinafter provided; to make transfers of money from the operation fund of the district to any special fund and to create and administer the special funds as in their discretion may seem advisable; to create and administer revolving funds to facilitate and assist in the carrying on and completing of acquisitions, works, and improvements, and to do any and all things necessary or incidental to the accomplishment of the things which are permitted to be done under this act.
(n)Contracts. To make and enter into contracts with the United States of America, the State of California, any political subdivision, county, municipality, district, agency or mandatory of the State of California or of the United States and any department, board, bureau, or commission of the State of California or the United States of America, or any person, firm, association or corporation, jointly or severally, for the acquisition of property or rights or the construction, maintenance or operation in whole or in part of any or all works or improvements provided in this act.
(o)Lease of Property. To lease or rent to or from the City of Vallejo, the County of Solano, or any public or private agency, or person, firm or corporation, any property or rights necessary, in the judgment of the board of trustees of the district, to accomplish or carry out any of the work or improvement or the maintenance thereof herein provided and under terms and conditions agreed to by the parties.
(p)Contributions. To receive and accept any and all contributions in labor, materials, or money to be applied to the works or improvements herein provided for.
SEC. 36.Section 3 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 14 of Chapter 489 of the Statutes of 1997, is amended to read:Sec. 3.(a)The Vallejo Sanitation and Flood Control Flood and Wastewater District shall be governed by, and under the control of, eight trustees. Seven of the trustees shall be the seven members of the Vallejo City Council. The eighth trustee shall be a member-at-large appointed pursuant to subdivision (b). Each city council member shall cease to be a trustee of the district, and his or her office on the board shall become vacant, at any time that he or she ceases to be a member of the Vallejo City Council.
(b)On or before the date of the first regular meeting of the district, the eighth member-at-large of the board of trustees shall be appointed by the Board of Supervisors of the County of Solano. The board may appoint one of the following persons to be the eighth trustee:
(1)A member of the Board of Supervisors of the County of Solano that represents Supervisorial District 1 or District 2.
(2)A public member who resides in the unincorporated area within the boundaries of the Vallejo Sanitation and Flood Control Flood and Wastewater District.
(c)The Board of Supervisors of the County of Solano may appoint an alternate to the eighth member-at-large of the board of trustees. Appointment of the alternate shall be made pursuant to subdivision (b).
SEC. 37.Section 16 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec. 16.Assessments for Bond Principal and Interest. The board of trustees shall file with the Board of Supervisors of Solano County a certified copy of the map or plat of the district showing the zones into which the district has been divided and the percentage of the amount to be raised from each zone. All assessments for district purposes shall be made and collected by the County Assessor and Tax Collector, respectively, of the County of Solano. All lands situated within the district subject to assessments for district purposes but not included on the county roll for taxation for county purposes shall immediately upon the effective date of this act be placed upon and thereafter carried on the county roll of Solano County. The assessed valuation of said the lands shall be determined and fixed by the county assessor and the amount of such the assessed valuation corrected and equalized by the Board of Supervisors of Solano County at the same time or times and in the same manner as the assessed valuation of other lands upon said the assessment rolls are fixed, determined, corrected and equalized by said the county officials.
On or before the second Monday of August of each year year, the County Auditor of Solano County shall transmit to the board of trustees of the district a statement in writing showing the total value of all land within the district, which value shall be ascertained from the assessment book of said the county for that year as equalized and corrected by the board of supervisors of said the county and which said statement shall also show the total value of all land in each of said the zones, respectively.
The board of trustees shall on or before the third Monday in August determine the total amount to be raised by district assessment for the then current fiscal year and shall fix the rate of assessment for each zone and the number of cents per each one hundred dollars ($100) using as a basis the value of land as it is assessed by the county assessor, and returned to the board of trustees of the district by the county auditor as hereinabove provided, which rate of taxation shall be sufficient to raise the total amount previously fixed by the board as hereinabove subscribed. Such acts by the board of trustees of the district shall constitute a valid assessment of the property and a valid levy of the assessment so fixed. The board of trustees must shall immediately thereafter transmit to the County Auditor of Solano County a statement of the rate of assessment so fixed by said the board for each zone into which the district may be divided, and the county auditor shall enter such that rate upon the county tax roll. Such assessment so levied shall be collected at the same time and in the same manner as county taxes, and when collected the net amount thereof shall be credited to the treasurer of the district and shall be kept by the county treasurer in a separate fund to be designated Vallejo Sanitation and Flood Control Flood and Wastewater District Interest and Sinking Fund, and the moneys in said the fund shall be applied exclusively to the payment of principal and interest on the bonds of the district. Said The special assessments by the district shall be in addition to all other taxes and assessments levied for state, county or municipal purposes. If the district has been divided into zones and the percentage of the amount to be raised for the redemption of principal and interest of bonds of the district from each such zone has been determined as provided in this act, said the amount of said the assessment levy shall be divided according to said the percentages and the percentage to be raised from the lands within each zone shall be levied upon and against the property of such the zone as hereinabove provided. Said The district assessments shall be payable only with and not separately from county taxes when collected. Whenever any land situated in such the district has been sold for assessments and has been redeemed, the money paid for such the redemption shall be apportioned and credited by the county treasurer to said the district in the proportion which the assessment due to said the district bears to the total tax for which such the property was sold. All assessments levied under the provisions of this act shall be a lien upon the property on which they are levied and shall become due and payable and be delinquent at the same time and in the same manner as county taxes, and enforced in the same manner and by the same means as provided by law for the enforcement of liens for state and county taxes, all provisions of law relating to the enforcement of the latter being hereby made a part of this act.
It shall be the duty of the Board of Supervisors of Solano County and of each and every officer of Solano County charged with any official duty relating to the levy and collection of county taxes to cause such district assessments to be levied and collected at the time and in the same manner as county taxes are levied and collected, and in any event it shall be the duty of the board of trustees to cause such the assessments to be levied against and upon all land within the district at the time for fixing the general tax levy for county purposes, and in the manner for such the general tax levy provided, and to cause to be collected annually each year until said the bonds are paid or until there shall be a sum in the treasury of said the district set apart for that purpose to meet all sums coming due for principal and interest on said the bonds, assessments sufficient to pay the interest on said the bonds and also such that part of the principal thereof as shall become due before the time for fixing the next general tax levy, in which assessments may be included a sum sufficient in the judgment of the board of trustees to take care of anticipated delinquencies; provided, however, that if the maturity of the indebtedness created by the issuance of bonds be made to begin more than one year after the date of issuance thereof such the assessments shall be levied and collected at the time and in the manner aforesaid annually each year in an amount sufficient to pay the interest on said the indebtedness as it falls due and also to constitute a sinking fund for the redemption thereof on or before maturity. The assessments herein required to be levied and collected shall be in addition to all other assessments levied for district purposes and shall be collected at the same time and in the same manner as other district assessments are collected, and be used for no other purpose than the payment of said the bonds and accruing interest.
All assessments levied by the district shall be levied solely upon lands within the district, including any land which is the operative property of any public utility, but excluding any personal property or any lands belonging to any county, municipality municipality, or political subdivision within such the district or lands belonging to the United States of America or the State of California or said the district.
SEC. 38.Section 17 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), as amended by Section 277 of Chapter 357 of the Statutes of 1957, is amended to read:Sec. 17.Assessments for Maintenance and Operation. The board of trustees of said the district shall have power, in any year, to levy an assessment upon the taxable property in said the district as set forth in Section 16 hereof at the time and in the manner set forth therein, to carry out any of the objects or purposes of this act, and to pay the costs and expenses of maintaining, operating, extending extending, and repairing any work or improvement of said the district for the ensuing fiscal year, and said the board of trustees shall have power to control and order the expenditures for said the purposes of all revenues so derived; provided, that such those assessments levied under this section for any one year shall not exceed fifty cents ($0.50) on each one hundred dollars ($100) of the assessed valuation of the land in said the district as said the assessed valuation is shown on the last preceding assessment roll for state and county purposes; provided, further, that such those assessments shall be in addition to any assessment levied to meet the bonded indebtedness of said the district and all interest thereon. Such assessments, when collected, shall be held by the treasurer in a special fund to be designated Vallejo Sanitation and Flood Control Flood and Wastewater Operation Fund. The moneys in said the fund shall be withdrawn on warrants authorized by the trustees. Prior to said the bond election at which bonds shall be authorized as herein provided, the district shall have the right to incur indebtedness for organization purposes, preliminary engineering expenses expenses, and general incidental expenses as in this act specified, to an amount not exceeding two hundred thousand dollars ($200,000), said the indebtedness to be evidenced by warrants of said the district issued in payment of valid obligations incurred by said the district, and which warrants shall be paid by the treasurer of the district out of the first proceeds of the sale of bonds of said the district or out of moneys collected from the annual assessment to be levied under this Section 17, and until so paid said the warrants shall bear interest at the rate of 6 per centum per annum percent per year from date of presentation and registration until paid. If funds are not available for the payment of said the warrants at the time of their presentation to the treasurer, the same shall be registered in the office of the treasurer and shall be paid in the order of their registration. The treasurer shall publish notice of call for redemption of said the warrants or any thereof whenever funds are available for their payment, and interest on said the warrants shall cease upon the date fixed for such that redemption. The notice shall be published in the district pursuant to Section 6061 of the Government Code.
The provisions in this Section 17 contained for the levy and collection of assessments for the payment of maintenance and operation costs of the district shall be effective for the Fiscal Year 1952-1953, and it shall be the duty of the County Assessor of Solano County and the State Board of Equalization forthwith upon the effective date of this act to take all necessary steps to enable the district to levy and collect an assessment for the Fiscal Year 1952-1953 for maintenance and operation and the payment of the initial costs of the organization of the district and other expenses incident thereto; provided, that such assessment for the Fiscal Year 1952-1953 shall be levied at a uniform rate on all land in the district. The creation of any zone in the district shall not be effective for the purposes of any assessment unless and until the board of trustees shall file with the county assessor and also with the State Board of Equalization a map or plat showing the zones into which the district is to be divided and the percentages to be raised from each zone.
SEC. 39.Section 28 of the Vallejo Sanitation and Flood Control District Act (Chapter 17 of the First Extraordinary Session of the Statutes of 1952), is amended to read:Sec. 28.Short Title. This act may be designated and referred to as Vallejo Sanitation and Flood Control Flood and Wastewater District Act.
SEC. 34.SEC. 40.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 16182 of the Government Code is amended to read:16182.(a)All sums paid by the Controller under the provisions of this chapter, together with interest thereon, shall be secured by a lien in favor of the State of California when funds are transferred to the county by the Controller upon the real property for which property taxes have been postponed. In the case of a residential dwelling which is part of a larger parcel taxed as a unit, such as a duplex, farm, or multipurpose or multidwelling building, the lien shall be against the entire tax parcel.
(b)In the case of real property:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid or owing pursuant to this chapter, including amounts paid subsequent to the initial payment of postponed taxes on the real property described in the notice of lien.
(2)The notice of lien may bear the facsimile signature of the Controller. Each signature shall be that of the person who shall be in the office at the time of execution of the notice of lien; provided, however, that such notice of lien shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of recordation.
(3)The form and contents of the notice of lien for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following:
(A)The names of all record owners of the real property for which the Controller has advanced funds for the payment of real property taxes.
(B)A description of the real property for which real property taxes have been paid.
(C)The identification number of the notice of lien which has been assigned the lien by the Controller.
(4)Within 14 business days of the transfer of funds and the notice of lien to the county by the Controller, the notice of lien shall be recorded in the office of the county recorder for the county in which the real property subject to the lien is located.
(5)The recorded notice of lien shall be indexed in the Grantor Index to the names of all record owners of the real property and in the Grantee Index to the Controller of the State of California.
(6)After the notice of lien has been duly recorded and indexed, it shall be returned by the county recorder to the office of the Controller. The recorder Controller shall provide the county tax collector and the county assessor with a copy of the notice of lien which has been executed by the Controller. executed.
(7)From the time of recordation of a notice of lien for postponed property taxes, a lien shall attach to the real property described therein and shall have the priority of a judgment lien for all amounts secured thereby, except that the lien shall remain in effect until either of the following occurs:
(A)It is released by the Controller in the manner prescribed by Section 16186.
(B)The foreclosure or sale of an obligation secured by a lien which is senior in recording priority to the lien of the State of California.
(c)In the case of mobilehome loans established prior to February 20, 2009, all of the following shall apply:
(1)The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid owing pursuant to this chapter.
(2)From the time that the Department of Housing and Community Development receives the notice of lien from the Controller, the department shall impose a moratorium on any other amendments to the permanent title record of the mobilehome unit until released by the Controller in the manner prescribed by Section 16186, or an authorization for the amendments is given by the Controller in writing.
(3)From the time of filing a notice of lien, a lien shall attach to the mobilehome for which eligibility for the postponement of property taxes has been granted.
SEC. 4.Section 16183 of the Government Code is amended to read:16183.(a)From the time a payment is made pursuant to Section 16180, the amount of that payment shall bear interest at a rate (not compounded), determined as follows:
(1)Beginning July 1, 2016, the rate of interest shall be 7 percent per annum.
(2)The Controller shall establish an adjusted rate of interest for the purpose of this subdivision not later than July 15th of any year if the effective annual yield of the Pooled Money Investment Account for the prior fiscal year is at least a full percentage point more or less than the interest rate which is then in effect. The adjusted rate of interest shall be equal per annum to the effective annual yield earned in the prior fiscal year by the Pooled Money Investment Account rounded to the nearest full percent, and shall become effective for new deferrals, beginning on July 1, 1984, and on July 1 of each immediately succeeding year, until June 30, 2016.
(3)For loans made prior to June 30, 2016, the rate of interest provided pursuant to this subdivision for the first fiscal year commencing after payment is made pursuant to Section 16180 shall apply for that fiscal year and each fiscal year thereafter until these postponed property taxes are repaid.
(b)The interest provided for in subdivision (a) shall be applied beginning the first day of the month following the month in which that payment is made and continuing on the first day of each month thereafter until that amount is paid. In the event that any payments are applied, in any month, to reduce the amount paid pursuant to Section 16180, the interest provided for herein shall be applied to the balance of that amount beginning on the first day of the following month.
(c)In computing interest in accordance with this section, fractions of a cent shall be disregarded.
(d)For the purpose of this section, the time a payment is made shall be deemed to be the time an electronic funds transfer a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later.
(e)The Controller shall include on forms supplied to claimants pursuant to Sections 20621, 20630.5, 20639.9, 20640.9, and 20641 of the Revenue and Taxation Code, a statement of the interest rate which shall apply to amounts postponed for the fiscal year to which the form applies.
SEC. 5.Section 16184 of the Government Code is amended to read:16184.(a)The Controller shall reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by notification of any amounts paid by the Franchise Tax Board pursuant to Section 20564 of the Revenue and Taxation Code or by any amounts authorized pursuant to subdivision (f) of Section 20621 of the Revenue and Taxation Code. The Controller shall also increase the amount of the obligation secured by the lien by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181. Any payment received for that purpose shall be applied in the following order:
(1)To any interest due on the loan.
(2)To the principal property tax amount.
(3)The remaining balance, if any, to administrative fees.
(b)The Controller shall also increase the amount of the obligation secured by the lien by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181.
SEC. 6.Section 16186.5 of the Government Code is amended to read:16186.5.In the event that a payment which is made to satisfy an obligation secured by a lien for postponed property taxes exceeds the amount owing to the state, the Controller may refund the overpayment to the party entitled thereto. The Controller shall pay those refunds out of the amount appropriated by Section 16100, 16180, or any appropriation in lieu thereof.
SEC. 7.Section 16200 of the Government Code is amended to read:16200.In the event that the Controller receives the notice described in Section 16187 of this code or Section 3375 of the Revenue and Taxation Code, the Controller may take any of the following actions which will best serve the interests of the state:
(a)Notify Notify, by United States mail mail, the tax collector or other party that such notice has been received and that the Controller must be given at least 20 days prior notice of the date that the property will be sold at auction. If the Controller elects to proceed under this subdivision, the Controller may use funds appropriated by Section 16100 16180 to bid on the property at the auction up to the amount secured by the states lien on the property and any lien on such property having priority over the states lien. All additional amounts paid pursuant to this subdivision shall be added to the amount secured by the lien on such property provided for in Article 1 (commencing with Section 16180) of this chapter.
(b)Acknowledge by United States mail that the notice required by Section 16187 of this code or Section 3375 of the Revenue and Taxation Code has been received.
SEC. 8.Section 16202 of the Government Code is amended to read:16202.Notwithstanding any other provision of law, in the event that the state acquires an interest in real property pursuant to subdivision (b) of Section 16200, the Controller may, in addition to the options provided in Section 16201, take any other action with respect to that real property interest as will best serve the interest of the state. These actions may include, but shall not be limited to, the sale, lease, or retention of any interest so acquired. The Controller may contract with licensed real estate brokers, maintenance and repair contractors, security contractors, appraisers, property managers, insurance brokers, and any other experts or specialists as may be necessary to protect or preserve the states interest in that property. The Controller may pay the costs incurred pursuant to those contracts out of the amount appropriated by Section 16100, 16180, or from any appropriation in lieu thereof.
The sale of those interests may be made on the basis of conventional financing arrangements including the securing of payment through the use of promissory notes, deeds of trust, and other accepted methods of deferred payment.
SEC. 3.SEC. 9.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
SEC. 10.Section 27282 of the Government Code is amended to read:27282.(a)The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:
(1)A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.
(2)A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(3)A notice of location of mining claim.
(4)Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.
(5)Notices of lien for postponed property taxes executed pursuant to Section 16182.
(6)A release, discharge, or subordination release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.
(7)A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.
(8)An order affecting title to or possession of real property issued by a court in an action subject to Section 12527, authenticated by the certificate of the clerk of the court in which the order was issued or a copy of that order authenticated by a declaration under penalty of perjury by the Attorney General or by an assistant or deputy of the Attorney General attesting that the contents of the copy are the same as the original order issued by the court.
(9)A court certified copy of a satisfaction of judgment.
(10)A certificate of correction filed pursuant to Sections 66470 and 66472.1.
(b)Any document described in this section, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.
SEC. 4.SEC. 11.Section 30201 of the Government Code is amended to read:30201.The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors, county chief financial officers, county directors of finance, or an equivalent county office, auditors or county officers in equivalent positions, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.
SEC. 5.SEC. 12.Section 53237.1 of the Government Code is amended to read:53237.1.(a)If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b)Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c)An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d)The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e)A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f)All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g)A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.
SEC. 6.SEC. 13.Section 54973 of the Government Code is amended to read:54973.The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
SEC. 7.SEC. 14.Section 54974 of the Government Code is amended to read:54974.(a)Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agencys Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerks office.
(b)Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
SEC. 8.SEC. 15.Section 22050 of the Public Contract Code is amended to read:22050.(a)(1)In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2)Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b)(1)The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2)If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3)If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c)(1)If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2)If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3)When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d)As used in this section, public agency has the same meaning as defined in Section 22002.
(e)A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f)This section applies only to emergency action taken pursuant to Sections 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SEC. 16.Section 2505 of the Revenue and Taxation Code is amended to read:2505.(a)Except as provided in subdivision (b), the tax collector or treasurer for any city or county may in his or her discretion accept negotiable paper in payment of any tax, or assessment, or on a redemption.
(b)The tax collector of a county shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the county tax bill. The tax collector, treasurer, or other official charged with the duty of collecting taxes for a chartered city which levies and collects its own property taxes shall accept a certificate of eligibility to pay all or any part of any ad valorem property tax, special assessment, or other charge or user fee appearing on the tax bill of such city. A certificate for partial payment shall not be accepted unless accompanied by an amount sufficient to fully pay the remaining ad valorem property taxes, special assessment, or other charge or fee appearing on the respective tax bill installment.
(c)Except as provided in Chapter 2 (commencing with Section 20581), Chapter 3. 3 (commencing with Section 20639), Chapter 3.5 (commencing with Section 20640), or Chapter 4 (commencing with Section 20641) of Part 10.5 of Division 2, a certificate of eligibility shall not be used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.(d)(c)For the 197879 fiscal year and thereafter, except as to those amounts which can be paid by a certificate pursuant to subdivision (c), the tax collector shall not accept a certificate of eligibility to pay all or part of any installment if tendered after the delinquency date thereof, unless accompanied by an amount sufficient to fully pay any delinquent taxes, assessments, costs, penalties, interest, fees or other charges resulting from the delinquency or delinquencies.
(e)(d)In no event shall a certificate of eligibility be accepted later than the expiration date designated thereon.
SEC. 17.Section 2514 of the Revenue and Taxation Code is amended to read:2514.(a)With Upon receipt of the payment by the Controller described in Section 20602, 20630, or 20640.6, the following shall occur:
(1)The tax collector shall maintain a record of the fact that taxes on the property have been postponed. In the case of the secured roll, this information may be entered in that portion of the roll which has been designated for tax default information as required by Section 3439.
(2)With respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other type of account described in Section 2954 of the Civil Code, the tax collector shall notify the auditor of the claimants name and address, and the duplicate amount of money the Controller transferred paid to the tax collector via an electronic fund transfer. collector.
The county auditor, treasurer, or disbursing officer shall send a check in refund the amount of money money, based on the electronic transfer payment by the Controller, to the Controller claimant within 60 days of the replicated payment.
(b)The procedures established by this chapter shall not be construed to require a lender to alter the manner in which a lender makes payment of the property taxes of such a claimant.
SEC. 18.Section 2515 of the Revenue and Taxation Code is amended to read:2515.(a)Upon receiving a copy of the notice of lien for postponed property taxes from the Controller, the tax collector or the assessor, whichever is applicable, shall immediately enter on the assessment records applicable to the property, assessor shall maintain a record of the fact that the taxes on the property have been postponed and the Controllers identification number, number and shall, if such record reveals a change in the ownership status of the property subsequent to the date of entry of the postponement information thereon, notify the Controller within 60 days of processing the change in the ownership status in the manner prescribed by the Controller.
(b)From the time of recordation of the notice of lien pursuant to Section 16182 of the Government Code, the lien for postponed property taxes shall be deemed to impart constructive notice of the contents thereof to subsequent purchasers, mortgagees, lessees, and other lienors.
SEC. 19.Section 2781 of the Revenue and Taxation Code is amended to read:2781.If a taxpayer or agent for the taxpayer submits a payment indicated for application to a specific tax or tax installment and that tax or tax installment already has been paid, the county shall return the replicated payment to the tendering party within 60 days of the date the payment becomes final. For purposes of this section, final means the original payment that is not subject to chargeback, dishonor, or reversal. However, when a replicated payment is made of any tax or tax installment paid by a certificate of eligibility the Controller to the county pursuant to Section 2514, the amount of the replicated payment shall be paid to the person shown on the certificate. claimant on whose behalf the payment was made.
SEC. 20.Section 20503 of the Revenue and Taxation Code is amended to read:20503.(a)Income means adjusted gross income as defined in Section 17072 plus all of the following cash items:
(1)Public assistance and relief.
(2)Nontaxable amount of pensions and annuities.
(3)Social security benefits (except Medicare).
(4)Railroad retirement benefits.
(5)Unemployment insurance payments.
(6)Veterans benefits.
(7)Exempt interest received from any source.
(8)Gifts and inheritances in excess of three hundred dollars ($300), other than transfers between members of the household. Gifts and inheritances include noncash items.
(9)Amounts contributed on behalf of the contributor to a tax-sheltered retirement plan or deferred compensation plan.
(10)Temporary workers compensation payments.
(11)Sick leave payments.
(12)Nontaxable military compensation as defined in Section 112 of the Internal Revenue Code.
(13)Nontaxable scholarship and fellowship grants as defined in Section 117 of the Internal Revenue Code.
(14)Nontaxable gain from the sale of a residence as defined in Section 121 of the Internal Revenue Code.
(15)Life insurance proceeds to the extent that the proceeds exceed the expenses incurred for the last illness and funeral of the deceased spouse of the claimant. Expenses incurred for the last illness includes unreimbursed expenses paid or incurred during the income calendar year and any expenses paid or incurred thereafter up until the date the claim is filed. For purposes of this paragraph, funeral expenses shall not exceed five thousand dollars ($5,000).
(16)If an alternative minimum tax is required to be paid pursuant to Chapter 2.1 (commencing with Section 17062) of Part 10, the amount of alternative minimum taxable income (whether or not cash) in excess of the regular taxable income.
(17)Annual winnings from the California Lottery in excess of six hundred dollars ($600) for the current year.
(b)For purposes of this chapter, total income shall be determined for the calendar year (or approved fiscal year ending within that calendar year) which ends within the fiscal year for which assistance is claimed.
(c)For purposes of this chapter, Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the Property Tax Postponement requirement.
(d)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), and Chapter 3.5 (commencing with Section 20640), total income shall be determined for the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed.
SEC. 21.Section 20505 of the Revenue and Taxation Code is amended to read:20505.Claimant means an individual who who:
(a)For purposes of this chapter was either (1) 62 years of age or older on the last day of the calendar year or approved fiscal year designated in subdivision (b) or (c) of Section 20503, whichever is applicable, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code on the last day of the calendar year or approved fiscal year designated in subdivision (b) of Section 20503, who was a member of the household, and who was either: (1) the owner and occupier of a residential dwelling on the last day of the year designated in subdivision (b) or (c) of Section 20503, or (2) the renter of a rented residence on or before the last day of the year designated in subdivision (b) of Section 20503. An individual who qualifies as an owner-claimant may not qualify as a renter-claimant for the same year.
(b)For purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640) was a member of the household and either an owner-occupant, or a tenant stockholder occupant, or a possessory interestholder occupant, or a mobilehome owner-occupant, as the case may be, of the residential dwelling as to which postponement is claimed on the last day of the year designated in subdivision (b) or (c) (d) of Section 20503, and who was (1) 62 years of age or older by December 31 of the fiscal year for which postponement is claimed, or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on December February 10 of the fiscal year for which postponement is claimed, whichever is earlier. claimed.
SEC. 22.Section 20583 of the Revenue and Taxation Code is amended to read:20583.(a)Residential dwelling means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built.
(b)As used in this chapter in reference to ownership interests in residential dwellings, owned includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but owned does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the states interest is adequately protected.
(c)Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located.
(d)Residential dwelling does not include any of the following:
(1)Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the states interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim.
(2)Any residential dwelling in which the claimants interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act.
(3)Any residential dwelling on which the claimant does not receive a secured tax bill.
(4)Any residential dwelling in which the claimants interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640).
(5)Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code.
SEC. 23.Section 20585 of the Revenue and Taxation Code is amended to read:20585.Postponement shall not be allowed under this chapter or chapter, Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) if household income exceeds thirty five thousand five hundred dollars ($35,500).
SEC. 24.Section 20586 of the Revenue and Taxation Code is amended to read:20586.For the purposes of Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640), only one claimant per household each year shall be entitled to postponement. When two or more individuals in a household are qualified as claimants, they may determine who the claimant shall be. Such decision is irrevocable. If the individuals are unable to agree, the matter shall be determined by the Controller and his or her decision shall be final.
SEC. 25.Section 20621 of the Revenue and Taxation Code is amended to read:20621.Each claimant applying for postponement under Article 2 (commencing with Section 20601) shall file a claim under penalty of perjury with the Controller on a form supplied by the Controller. The claim shall contain all of the following:
(a)Evidence acceptable to the Controller that the person (1) is 62 years of age or older on or before December 31 of the fiscal year for which the postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on December February 10 of the fiscal year for which the postponement is claimed, whichever is earlier. claimed.
(b)A statement showing the household income for the period set forth in Section 20503.
(c)A statement describing the residential dwelling in a manner that the Controller may prescribe.
(d)The name of the county in which the residential dwelling is located and the address of the residential dwelling.
(e)The county assessors parcel number applicable to the property for which the claimant is applying for the postponement of property taxes.
(f)(1)Documentation evidencing the current existence of any abstract of judgment, federal tax lien, or state tax lien filed or recorded against the applicant, and any recorded mortgage or deed of trust that affects the subject residential dwelling, for the purpose of determining that the claimant possesses a 40-percent equity in the subject residential dwelling as required by paragraph (1) of subdivision (b) of Section 20583.
(2)Actual costs, not in excess of fifty dollars ($50), paid by the claimant to obtain the documentation shall reduce the amount of the lien for the year, but not the face amount of the payment prescribed in Section 16180 of the Government Code.
(g)Other information required by the Controller to establish eligibility.
SEC. 26.Section 20627 of the Revenue and Taxation Code is amended to read:20627.A tenant-stockholder claimant (hereinafter referred to as claimant) is an individual who, on the last day of the calendar year ending immediately prior to the commencement of the fiscal year for which postponement is claimed is: (a) a tenant-stockholder in a cooperative housing corporation (as defined in Section 216(b) of the Internal Revenue Code) and (b) occupies occupies, as a principal place of residence residence, a residential unit in the cooperative housing corporation (notwithstanding Section 216(b) of the Internal Revenue Code). For the purposes of this chapter, a claimant must be (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on December February 10 of the fiscal year for which the postponement is claimed, whichever is earlier. claimed.
SEC. 27.Section 20630 of the Revenue and Taxation Code is amended to read:20630.(a)A claimant may file with the Controller, a claim for postponement from the State of California of a sum equal to, but not exceeding the amount of property taxes, as defined in Section 20629, for the fiscal year for which the claim is made.
(b)Upon verification of the eligibility requirements set forth in Section 20630.5, the Controller shall mail the claimant a Notice of Election to Postpone which shall be in the form and contain such information as the Controller may prescribe. Accompanying the notice shall be a statement explaining that in order for the claimant to postpone all or part of the property taxes, the Notice of Election to Postpone must be mailed to the Controller with the following:
(1)A statement signed by an authorized officer of the cooperative housing corporation indicating the amount of the claimants proportionate share of property taxes and the method used to compute such amount.
(2)A recognition agreement signed by the claimant and executed by an officer of the corporation which acknowledges the assignment of the proprietary lease and the pledging of the claimants shares in the corporation as security for postponement, and sets forth the rights and duties of the state, the corporation and the claimant with respect to such stock and the proprietary lease. The recognition agreement shall be in such form and contain such provisions as the Controller shall prescribe.
(3)Any other additional security interest, created and perfected with respect to the rights of third persons in the manner provided by law for such type of security interest, which the Controller deems necessary to protect the interest of the state with regard to the repayment of postponed amounts by the claimant or a deceased claimants estate.
(c)When the Controller approves the Notice of Election to Postpone, the Controller shall make payments directly issue payment to a county tax collector or other appropriate payee as determined by the Controller for the property taxes owed on behalf of by the claimant. Payments may, upon appropriation by the Legislature, be made out of the amounts appropriated pursuant to Section 16180 of the Government Code that are secured by a secured tax lien and obligation as specified by Article 1 (commencing with Section 16180) of Chapter 5 of Division 4 of the Government Code.
SEC. 28.Section 20640.3 of the Revenue and Taxation Code is amended to read:20640.3.A claimant is an individual who:
(a)Holds a right to a possessory interest pursuant to a validly recorded instrument conveying such possessory interest for a term of years no less than 45 years beyond the last day of the calendar year ending immediately prior to the fiscal year for which taxes are initially postponed.
(b)Occupies as a principal place of residence the residential dwelling affixed to such possessory interest real property on the last day of the year designated in subdivision (d) of Section 20503.
(c)Is either (1) 62 years of age or older on or before December 31 of the fiscal year for which postponement is claimed or (2) blind or disabled, as defined in Section 12050 of the Welfare and Institutions Code, at the time of application or on December February 10 of the fiscal year for which the postponement is claimed, whichever is earlier. claimed.
SEC. 29.Section 20641 of the Revenue and Taxation Code is amended to read:20641.Forms filed pursuant to this part shall not be under oath but shall contain, or be verified by, a written declaration that they are made under the penalty of perjury. All forms filed pursuant to Chapter 1 (commencing with Section 20501) shall require such information as the Franchise Tax Board may from time to time prescribe, and shall be filed with the Franchise Tax Board. The Franchise Tax Board shall prepare blank forms for the claimant and shall distribute them throughout the state and furnish them upon application. All forms filed pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), shall require such information as the Controller may from time to time prescribe, shall be filed with the Controller, and the Controller shall prepare such blank forms for the claimant and shall distribute them throughout the state and furnish them upon application.
SEC. 30.Section 20645.5 of the Revenue and Taxation Code is amended to read:20645.5.(a)If a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) is received by the Controller by February 10 for the fiscal year in which postponement is being claimed or by another date set by the Controller pursuant to Section 20622, then any delinquent penalties, costs, fees, and interest accrued for that fiscal year shall be canceled unless the failure to perfect the claim was due to willful neglect on the part of the claimant or representative.
(b)In the event of willful neglect, an electronic funds transfer a payment from the Controller for that current fiscal year can be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. If an amount sufficient to pay all of the delinquent penalties, costs, fees, and interest is not received by the tax collector within 30 days from the date of the electronic funds transfer, the payment from the Controller, the tax collector may return the electronic funds transfer payment to the Controller to deny the postponement claim.
(c)(1)The Controller shall notify the claimant in writing when the electronic funds transfer payment has been submitted to the tax collector.
(2)In the event of willful neglect, in addition to the information required pursuant to paragraph (1), the Controller shall also notify the claimant in writing and provide a copy of the notification to the tax collector, collector that a payment amount sufficient to pay all of the delinquent penalties, costs, fees, and interest must be received by the tax collector within 30 days from the date of the electronic funds transfer, payment from the Controller to the county and that if this payment is not received by the tax collector, the tax collector may return the electronic funds transfer payment to the Controller to deny the postponement claim.
SEC. 31.Section 20645.6 of the Revenue and Taxation Code is amended to read:20645.6.(a)If the Controller denies a postponement claim under Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640), and the denial is reversed after appeal pursuant to Section 20645.1, the Controller shall electronically transfer funds to the county for the amount of the taxes. If the taxes for the fiscal year were previously paid, the county shall refund the overpayment to the taxpayer. If the taxes for the fiscal year are delinquent, any resulting penalties or interest shall be canceled.
(b)The Controller shall notify the claimant in writing when an electronic funds transfer a payment has been made pursuant to subdivision (a).
SEC. 9.SEC. 32.Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 510 of the Statutes of 1990) (Chapter 392 of the Statutes of 2016) is amended to read:Sec. 501.(a)The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1)One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Clarks Fork Reclamation District.
(B)Laguna Irrigation District.
(C)Upper San Jose Water Company.
(3)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A)Laton Community Services District.
(B)Riverdale Public Utility District.
(C)Lanare Community Services District.
(4)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Crescent Canal Company.
(B)Stinson Canal and Irrigation Company.
(5)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Riverdale Irrigation District.
(B)Reed Ditch Company.
(6)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Mill Race Company.
(B)Burrel Ditch Company.
(7)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Water District.
(B)Liberty Canal Company.
(b)There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board members absence or inability to act.
(c)Initial members and their alternates shall be chosen on or before January 31, 2017.
SEC. 10.SEC. 33.Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:Sec. 34.(a)Project means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of any interests in real property and payment of incidental expenses.
(b)This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c)Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d)The acquisition of interests in real property outside the agencys boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e)This section does not alter the existing powers granted to members of the agreement.
(f)This section does not preclude the acquisition of time-limited easements.
SEC. 34.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
SEC. 4.Section 30201 of the Government Code is amended to read:30201.The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors, county chief financial officers, county directors of finance, or an equivalent county office, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.
SEC. 5.Section 53237.1 of the Government Code is amended to read:53237.1.(a)If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b)Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c)An entity that develops curricula to satisfy the requirements of this section shall consult with the city attorney or county legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d)The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e)A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f)All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g)A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.
SEC. 6.Section 54973 of the Government Code is amended to read:54973.The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
SEC. 7.Section 54974 of the Government Code is amended to read:54974.(a)Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agencys Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerks office.
(b)Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.
SEC. 8.Section 22050 of the Public Contract Code is amended to read:22050.(a)(1)In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2)Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b)(1)The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2)If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3)If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c)(1)If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2)If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3)When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d)As used in this section, public agency has the same meaning as defined in Section 22002.
(e)A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f)This section applies only to emergency action taken pursuant to Sections 20133, 20134, 20168, 20193, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20685, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SEC. 9.Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 510 of the Statutes of 1990) is amended to read:Sec. 501.(a)The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1)One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Clarks Fork Reclamation District.
(B)Laguna Irrigation District.
(C)Upper San Jose Water Company.
(3)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A)Laton Community Services District.
(B)Riverdale Public Utility District.
(C)Lanare Community Services District.
(4)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Crescent Canal Company.
(B)Stinson Canal and Irrigation Company.
(5)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Riverdale Irrigation Company. District.
(B)Reed Ditch Company.
(6)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A)Liberty Mill Race Company.
(B)Burrel Ditch Company.
(7)One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following special districts, who shall be chosen from the members of the governing boards of the special districts: entities:
(A)Liberty Water District.
(B)Liberty Canal Company.
(b)There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board members absence or inability to act.
(c)Initial members and their alternates shall be chosen on or before January 31, 2017.
SEC. 10.Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:Sec. 34.(a)Project means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of rights-of-way and easements any interests in real property and payment of incidental expenses.
(b)This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c)Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d)The acquisition of rights-of-way and easements interests in real property outside the agencys boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e)This section does not alter the existing powers granted to members of the agreement.
(f)This section does not preclude the acquisition of time-limited easements.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate measures. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 1360 of the Government Code is amended to read:1360.Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
SEC. 3.Section 25536.9 of the Government Code is amended to read:25536.9.(a)In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b)The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1)Reuse of the property is governed solely by the county.
(2)The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3)The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4)The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5)The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A)A description of the property proposed to be sold sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B)The proposed terms of the sale. sale, lease, concession, or managerial contract.
(C)The location where offers will be accepted and executed.
(D)The telephone number and address of the county officer responsible for executing the sale. sale, lease, concession, or managerial contract.
(c)This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.
|
Date
|
Status
|
|---|---|
| Sep 30, 2017 | Chaptered by Secretary of State. Chapter 387, Statutes of 2017. |
| Sep 30, 2017 | Approved by the Governor. |
| Sep 12, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2017 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 6, 2017 | Ordered to special consent calendar. |
| Sep 5, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 5, 2017 | Read third time. Passed. Ordered to the Senate. |
| Aug 28, 2017 | Read third time and amended. |
| Aug 21, 2017 | From consent calendar on motion of Assembly Member Calderon. |
| Jul 20, 2017 | Read second time. Ordered to consent calendar. |
| Jul 19, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 19). |
| Jun 29, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 20, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| May 18, 2017 | Referred to Com. on L. GOV. |
| Apr 6, 2017 | In Assembly. Read first time. Held at Desk. |
| Apr 6, 2017 | Read third time. Passed. (Ayes 39. Noes 0. Page 643.) Ordered to the Assembly. |
| Mar 30, 2017 | Read second time. Ordered to consent calendar. |
| Mar 29, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 537.) (March 29). |
| Mar 23, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 8, 2017 | Set for hearing March 29. |
| Feb 9, 2017 | Referred to Com. on GOV. & F. |
| Feb 2, 2017 | From printer. May be acted upon on or after March 4. |
| Feb 1, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2017 | Special Consent Calendar # SB205 GOV. & F. | Senate Floor |
Passed |
|
| Sep 5, 2017 | SB 205 GOV.& F. Senate Third Reading By AGUIAR-CURRY | Assembly Floor |
Passed |
|
| Jul 19, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 6, 2017 | Consent Calendar 2nd SB205 Committee On GOV. & F. (McGuire) | Senate Floor |
Passed |
|
| Mar 29, 2017 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Sep 5, 2017 |
| California Association Of Joint Powers Authorities | ** Support | Sep 5, 2017 |
| California Special Districts Association | ** Support | Sep 5, 2017 |
| California State Association Of Counties | ** Support | Sep 5, 2017 |
| California State Controller Betty T. Yee | ** Support | Sep 5, 2017 |
| County of San Benito | ** Support | Mar 30, 2017 |
| Dublin San Ramon Services District | ** Support | Sep 5, 2017 |
| Fresno County Board of Supervisors | ** Support | Sep 5, 2017 |
| Merced County | ** Support | Sep 5, 2017 |
| north fork kings groundwater sustainability agency | ** Support | Sep 5, 2017 |
| Orange County Board of Supervisors | ** Support | Sep 5, 2017 |
| Sacramento Area Flood Control Agency | ** Support | Sep 5, 2017 |
| San Benito County Board of Supervisors | ** Support | Sep 5, 2017 |
| Unknown. | ** Against | Mar 24, 2017 |
| Vallejo Sanitation and Flood Control District | ** Support | Sep 5, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 205
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 3/29/17
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
SENATE FLOOR: 39-0, 4/6/17 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 76-0, 9/5/17 - See last page for vote
DIGEST:
This bill makes several non-controversial changes to state laws governing local governments’ powers and duties.
Assembly Amendments
make technical and clarifying changes to the Property Tax Postponement program, change the name of the Vallejo Sanitation and Flood Control District, and make technical corrections to previous provisions.
ANALYSIS: Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2016, for example, the local government omnibus bill was SB 974 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
This bill, the “Local Government Omnibus Act of 2017,” proposes the following changes to the state laws affecting local agencies’ powers and duties:
- Elected Official Oaths of Office. Current law requires candidates for elected office to take the oath of office prescribed by Article XX, Section 3 of the California Constitution at the time they file their candidacy for a primary, general, or final election (Elections Code §200). Article XX, Section 3 of the California Constitution and Government Code §1360 also require all public officers and employees to take the oath of office before entering the duties of their office. The law is not clear whether an elected official is required to take the Oath of Office after the election or if the Oath of Office subscribed to at the time the candidacy papers are taken out or filed satisfies the Constitutional Oath requirement. This ambiguity has caused counties to interpret the law differently. The Registrar of Voters for the County of Fresno notes that lawsuit(s) have been threatened in at least one county (Fresno County) regarding whether failure to take the Constitutional oath of office following the election rendered elected board members’ actions subsequent to the election void. Additionally, this ambiguity has caused some elected officials to question why they must take the same oath of office they subscribed to when filing their candidacy papers. To clarify when an oath of office is required, SB 205 requires public officers to take an oath of office following election or appointment. [See SEC. 2 of the bill.]
- Leasing of Castle Air Force Base. AB 121 (Dickinson, Chapter 224, Statutes of 2013) allows the County of Sacramento to sell, or enter into a lease, concession, or managerial contract, parcels it has acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.8). AB 121 also allows the County of Merced to sell parcels that it has acquired from the federal government due to the closure of Castle Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.9). The County of Merced notes that when the inclusion of the County of Merced in AB 121 was initially considered, the Merced board of supervisors only wanted sale authority. Due to changes on the Merced board of supervisors, along with potential new economic development opportunity, the County wants to return to this issue and expand their authority to mirror what Sacramento County achieved – to authorize leases at the closed air base. To grant the County of Merced this authority, this bill inserts provisions allowing the lease of Castle Air Force Base lands identical to the authority currently provided to the County of Sacramento. [See SEC. 9 of the bill.]
- County Financial Officers and Equivalents. Current law directs the State Controller to adopt uniform accounting procedures that counties must use, after approval by the Committee on County Accounting Procedures (CCAP). The CCAP must include five County Auditors, three County Administrative Officers, and two members of county Boards of Supervisors. The State Controller’s Office notes that in eight counties the “County Auditor” has a different title, which could limit the pool of potential candidates that would otherwise be qualified for the County Auditor seats. In order to ensure that no county is excluded from consideration for serving on the Committee, this bill allows county auditors or county officers in equivalent positions to be eligible for the seats currently limited to county auditors. [See SEC. 11 of the bill.]
- Sexual Harassment Prevention Training Consultations. AB 1661 (McCarty, Chapter 816, Statutes of 2016) generally requires officials of local agencies (including counties, cities, and special districts) to receive sexual harassment prevention training within six months of taking office and every two years thereafter. An entity that develops curricula to comply with this requirement must consult with the city attorney or county counsel to ensure that the proposed content is accurate and sufficient. The California Special Districts Association notes that because AB 1661 only allows entities to consult with a city attorney or county counsel, it prevents other entities that are subject to the requirement (such as special districts or joint powers authorities) from consulting with their own legal advisors on the sufficiency and accuracy of their training courses. To allow other entities to consult their own counsels, this bill replaces “city attorney or county counsel” with “entity counsel.” [See SEC. 12 of the bill.]
- Posting of Local Appointment List. Current law requires the legislative body of each city and county to annually prepare a Local Appointments List that contains a list of: (a) regular and ongoing boards, commissions, and committees that it appoints; (b) appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (c) boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The Local Appointments List must be made available to the public at a designated public library, and notices of unscheduled vacancies within appointed bodies must be posted in the city or county clerk’s office and the designated library. The Orange County Board of Supervisors notes that maintaining a current Local Appointments List at the designated library can be costly for local agencies and less accessible to the public than if the list were available online. This bill allows a local agency legislative body to post the list and unscheduled vacancy notices on its Web site instead of at a designated library. [See SEC. 13 and 14 of the bill.]
- Community Service District Contracting. SB 135 (Kehoe, Chapter 249, Statutes of 2005) reorganized, rationalized, and streamlined the statutes governing Community Service Districts (CSDs). Among other things, SB 135 amended and renumbered the provisions that establish procedures for public works contracting by CSDs. The Dublin San Ramon Services District notes that when SB 135 updated these provisions, it did not update the cross-reference to other sections of the Public Contract Code that detail emergency contracting procedures for CSDs. This bill corrects that cross-reference. [See SEC. 16 of the bill.]
- North Fork Kings Groundwater Sustainability Agency Act Cleanup. SB 564 (Cannella, Chapter 392, Statutes of 2016), the North Fork Kings Groundwater Sustainability Agency Act, created the North Fork Kings Groundwater Sustainability Agency to oversee groundwater management efforts for a portion of the Kings River region in Fresno and Kings Counties. Among other provisions, the Act prescribes the composition of the agency’s seven-member board of directors. Each member of the board is chosen by multiple entities collectively with water management responsibilities within the agency’s territory, and six of the seven board members must be a resident or landowner within the territory of the district; the seventh must be a member of the governing boards of the Liberty Water District and the Liberty Canal Company. The North Fork Kings Groundwater Sustainability Agency notes that two drafting errors resulted in the misspecification of the agency’s board. This bill (a) corrects the name of the Riverdale Irrigation District, and (b) requires all members of the board to be a resident or landowner within the agency’s territory. [See SEC. 32 of the bill.]
- SAFCA Property Acquisition. The Sacramento Area Flood Control Agency (SAFCA) was formed in 1989—initially as a Joint Exercise of Powers Agreement that was subsequently codified by Chapter 510, Statutes of 1990—to address the Sacramento area's vulnerability to flooding. SAFCA partners with the Department of Water Resources and the United States Army Corps of Engineers to construct, operate, and maintain flood control projects. In December 2016, Congress authorized a doubling of width of the Sacramento Weir and Yolo Bypass. As the local sponsor of these improvements, SAFCA must acquire in fee title an abandoned landfill that sits in the path of the proposed expansion. SAFCA notes that under current law, a “project” is defined as including, but not limited to, acquisition of rights-of-way and easements for flood control facilities, but does not explicitly include fee title interests in property. This bill allows SAFCA to acquire any real interests in property for a flood control project. [See SEC. 33 of the bill.]
- Vallejo Sanitation and Flood Control District Name Change. Current law creates the Vallejo Sanitation and Flood Control District Act, which establishes a special act special district by the same name for the purposes of providing flood control and sanitary sewer service in Solano County (Chapter 17, Statutes of 1952, 1st Extraordinary Session). The District’s Board of Trustees voted earlier this year to change the District’s name to the “Vallejo Flood and Wastewater District” and adopt a new logo incorporating the new name. Because the District’s official name is still “Vallejo Sanitation and Flood Control District,” however, it must write checks and enter into contracts under the existing official name. SB 205 changes the name of the District in its principal act from Vallejo Sanitation and Flood Control District to Vallejo Flood and Wastewater District and makes a similar change to a reference to the district in the Public Contract Code. [See SEC. 15, 34-39 of the bill.]
- Property Tax Postponement. The Senior Citizens and Disabled Citizens Property Tax Postponement Law (PTP), allows the State Controller to pay property taxes to county tax collectors on behalf of individuals over the age of 62 or disabled persons making less than $35,500 in income per year. The State Controller secures repayment by recording a lien against the claimant’s property, which is satisfied when the home is sold or refinanced. As liens are repaid out of sales proceeds, revenue flows back to the Controller, who in turn uses these funds to pay property taxes for new applicants. In 2009, the Legislature prohibited persons from filing new claims for property tax postponement, and the Controller from accepting applications, due to budgetary constraints, and reduced repayments flowing back to the Controller as a result of diminishing sales prices, (SBX3 8, Ducheny, Chapter 4, Statutes of 2009). However, the Legislature resuscitated the program three years ago by removing SBX3 8’s prohibition, albeit with tightened eligibility criteria, and a requirement for the Controller to transfer to the General Fund repayments received above specified amounts (AB 2231, Gordon, Chapter 703, Statutes of 2014). Some parts of existing law need to be cleaned up after AB 2231’s enactment, as follows:
- Recordation. Once the State Controller grants a PTP loan, she records a lien with the county recorder in the county in which the approved claimant lives. Current law assigns the county recorder the duty to send a copy of the lien to the tax collector. SB 205 instead requires the Controller to send the copy of the lien, and additionally requires her to also send the lien to the assessor. [See SEC. 3 of the bill.]
- Payment Form. Current law requires the Controller to make property tax payments under the program to the tax collector through an electronic funds transfer. However, while some counties can accept electronic funds transfers, others require physical payments. SB 205 allows the Controller to make the payments in other forms as well. [See SEC. 4, 18, 30, and 31 of the bill.]
- Lien Repayment Accounting. The Controller secures the PTP loan amount in a lien recorded against the claimant’s property, and increases it to reflect interest accumulation. When the Controller receives repayments, she lowers the amount of the obligation secured by the lien. To clarify the accounting treatment of repayments, SB 205 applies any payment first to interest due, next to principal, and lastly to administrative fees, to the extent a balance remains. [See SEC. 5.]
- Refund of Duplicate Payments. In most cases under the PTP program, a homeowner applies for PTP and then sells the home at some date after receiving confirmation from the Controller that they are approved. However, these applications take time to process, and the application directs an applicant to continue to pay property taxes until their application is approved. In some cases, a homeowner (or a lender) makes a property tax payment and is later approved for PTP, resulting in duplicate payments of property taxes. Current law requires a tax collector to refund duplicate payments of property taxes to the Controller. However, the Controller has no authority to later transfer this money to the taxpayer. The Controller notes that, as a result, some homeowners who are eligible for PTP instead pay their property taxes and do not benefit from the program, even though they may face hardship by doing so. SB 205 clarifies that duplicate payments are returned to the PTP applicant, not the Controller. [See SEC. 18.]
- PTP Income: Losses and Non-Expenses. In order to determine a homeowner’s eligibility for the PTP program, the Controller uses a different measure of income from the adjusted gross income that is used for income tax purposes. This measure accounts for additional payments such as the nontaxable amount of pensions and annuities and is also used by another program to reduce hardships associated with property tax payments. The Controller notes that losses and nonexpenses are excluded from the definition of income for this other program, but that a cross-reference to the PTP laws is missing. SB 205 adds that cross-reference. [See SEC. 21.]
- Other Technical Changes. SB 205 also makes the following additional technical changes to the PTP program:
- Corrects several cross-references to the appropriation authority for the PTP program to refer to an appropriation specifically for the PTP program. [See SEC. 6, SEC. 7, and SEC. 8.]
- SB 801 (Committee on Governance and Finance, Chapter 391, Statutes of 2015) repealed sections of law relating to mobile home eligibility for PTP, but left several cross-references in place. SB 205 deletes those obsolete cross-references. [See SEC. 4, SEC. 23, SEC. 24, and SEC. 29.]
- AB 2231 (Gordon, 2014) repealed the ability of the Controller to subordinate a PTP lien to other liens. But current law allows a recorder to record a number of documents without acknowledgment, certificate of acknowledgment, or further proof, including a subordination of a lien for postponed property taxes. SB 205 deletes this obsolete reference to subordination of PTP liens. [See SEC. 10.]
- The PTP program formerly used a process where the Controller provided “certificates of eligibility” to applicants to pay their property taxes. The Controller submitted these “checks” to the county. The renewed program uses electronic funds transfers instead, and while AB 2231 and SB 801 removed almost all references to certificates of eligibility, they didn’t make the change in Revenue and Taxation Code Section 2505. SB 205 deletes this obsolete reference. [See SEC. 17. and SEC. 20.]
- Clarifies that only the assessor, instead of the tax collector or assessor, must maintain a record of the fact that taxes on a property have been postponed. [See SEC. 19.]
- Current law allows homeowners to apply for PTP through from October 1 to February 10 of the next year, but requires a homeowner to be disabled as of December 10 of the previous year. SB 205 allows homeowners to prove disability throughout the entire application filing period. [See proposed SEC. 22, SEC. 25, SEC. 26, and SEC. 28.]
- Counties bill cooperative housing corporations for their property taxes in different ways, but existing law only allows the Controller to pay county tax collectors for postponed property taxes for housing cooperatives. In order to ensure that the Controller pays the right county entity, SB 205 allows the Controller to instead pay any other appropriate payee. [See proposed SEC. 27.]
Comments
SB 205 compiles, into a single bill, noncontroversial statutory changes to ten parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding nine other bills, the Committee’s measure avoids more than $161,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Negligible fiscal impact to state agencies.
- Although this bill contains a state mandate regarding the property tax postponement process, it is unlikely a county would submit a claim. The bill improves that process which will likely reduce counties' costs.
California Association of Clerks and Election Officials
California Association of Joint Powers Authorities
California Special Districts Association
California State Association of Counties
California State Controller Betty T. Yee
Dublin San Ramon Services District
Fresno County Board of Supervisors
Merced County
North Fork Kings Groundwater Sustainability Agency
Orange County Board of Supervisors
Sacramento Area Flood Control Agency
San Benito County Board of Supervisors
Vallejo Sanitation and Flood Control District
None received
ASSEMBLY FLOOR: 76-0, 9/5/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Eduardo Garcia, Ridley-Thomas, Steinorth
9/5/17 18:50:51
**** END ****
SENATE THIRD READING
STR Bill Id:SB 205
Author:(Committee on Governance and Finance)
As Amended Ver:August 28, 2017
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Local Government | 9-0 | Aguiar-Curry, Waldron, Bloom, Caballero, Gonzalez Fletcher, Grayson, Lackey, Ridley-Thomas, Voepel | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Quirk, Chau, Eggman, Fong, Friedman, Eduardo Garcia, McCarty, Muratsuchi, Obernolte, Reyes |
SUMMARY: Enacts the Local Government Omnibus Bill of 2017, which proposes a number of non-controversial changes to existing laws governing the powers and duties of local agencies. Specifically, this bill:
- Makes a number of minor, non-controversial changes to existing law.
- Finds and declares that the Legislature desires to control its own costs by reducing the number of separate measures. Therefore it is the intent of the Legislature to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
- Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts shall be made, pursuant to current laws governing state mandated local costs.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Negligible fiscal impact to state agencies.
- Although this bill contains a state mandate regarding the property tax postponement process, it is unlikely a county would submit a claim. The bill improves that process which will likely reduce counties' costs.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2017, which includes the following provisions:
- Property Tax Postponement. The Senior Citizens and Disabled Citizens Property Tax Postponement Law (PTP) authorizes the State Controller (Controller) to make payments directly to a county tax collector for the property taxes owed on behalf of a qualified claimant. Qualified claimants include individuals who are 62 years of age or older, blind, or disabled, and make an annual household income of $35,500 or less. In order to finance the property tax payments that the state makes on behalf of the qualified claimant, the Controller records a lien against the claimant’s property. The claimant's debt is satisfied when the state is reimbursed with interest; this happens either when the property is sold or refinanced.
With the passage of SB 8 X3 (Ducheny), Chapter 4, Statutes of 2009-10 Third Extraordinary Session, PTP was effectively suspended by the Legislature during State's budget crisis. The program was later revived with AB 2231 (Gordon), Chapter 703, Statutes of 2014, with stricter eligibility criteria and other specified requirements.
- Lien Copies. Currently, when a lien is recorded for the program, the Controller records it in the county where the claimant lives. Existing law requires the county recorder to send a copy of the lien to the tax collector. This bill instead requires the Controller to send a copy of the lien to the tax collector, as well as the county assessor.
- Payment Form. Currently, the Controller is required to make the property tax payments for PTP to the tax collector by an electronic funds transfer. However, not all counties accept electronic payments. This bill removes the specific requirement for electronic funds and gives the Controller the option to make the payments in other forms, such as physical payments.
- Lien Repayment. When repayments are made on the lien for PTP by the claimant, the Controller decreases the lien on the property. This bill clarifies the order in which the repayments shall be applied to the total lien in the following order: First, repayments will be applied to any interest on the loan. Second, repayments will be applied to the principal property tax amount. Third, the remaining balance, if any, shall go to administrative fees.
- Refund of Duplicate Payments. When claimants apply for PTP, sometimes their applications take time to process. Claimants are instructed to continue making payments to pay their property taxes until their application is approved. Due to the delay in the application process, there may be overlap in payments because the Controller may make a payment while the claimant is still making payments.
Current law authorizes the tax collector to refund the duplicate payment to the Controller, but the Controller does not have the authority to transfer this duplicate money back to the claimant. This means that some approved claimants do not benefit from the PTP, because they are not refunded their duplicate property tax payment. This bill specifies that the refunded duplicate payments should be refunded to the claimant of the program, not the Controller.
- PTP Income: Losses and Non-Expenses. The Controller uses a set of adjusted gross income criteria to determine whether or not someone is eligible for the PTP. Under existing law, this criteria includes considerations to other sources of income that a person receives, such as public assistance and relief, Social Security benefits (except Medicare), unemployment insurance payments, and others. The section details that all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the PTP requirement. This section is also used in subsequent chapters, but is missing a cross-reference to those additional sections. This bill adds those cross-references.
- Technical Changes. This bill makes several technical changes to the statutes which govern PTP. These technical changes correct cross-references between code sections, delete obsolete references, and makes several changes to grammar, punctuation, and style.
- Elected Official Oaths of Office. Pursuant to the Elections Code, a person filing for candidacy in a primary, general, or final election must take an oath of office. Additionally, pursuant to the Government Code, public officers and elected officials are also required to take the oath of office before assuming their role. However, current law is unclear as to whether or not an elected official must take the oath of office when they file as a candidate for election and before they assume office, or if only taking the oath, required by the Elections Code, when filing as a candidate is sufficient to meet the Government Code requirement.
This uncertainty in the requirements has led counties interpret the code differently, with some counties only requiring one oath, and others requiring the same oath at two separate times for an elected official. This bill specifies that public officers and elected officials must take the oath of office following any election or appointment.
- Castle Air Force Base Lease. With the closure of Castle Air Force Base in 1995, Merced County acquired the former base’s land from the federal government. Some years later, AB 121 (Dickinson), Chapter 224, Statutes of 2013, Merced County to sell that land after a four-fifths vote of the Board of Supervisors, among other specified requirements for the sale. Similarly, AB 121 also authorized the Sacramento County Board of Supervisors to sell, enter into a lease, concession, or managerial contract for land acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base.
According to Merced County, when AB 121 was drafted, the Board of Supervisors was only interested authorization to sell the land. However, changing board membership, Sacramento County’s success from leasing their former base lands, and the potential for economic development has encouraged Merced County to revisit their current authority. This bill expands Merced County’s authority over the former Castle Air Force Base lands to include an authorization to enter into a lease, concession, or managerial contract. This bill’s language mirrors the language used by Sacramento County in AB 121.
- County Auditors and Equivalents. The Controller is required to prescribe uniform accounting procedures to counties. Before these procedures are finalized, the Committee on County Accounting Procedures (CCAP) must approve of them. By law, the CCAP must consist of 10 members appointed by the Controller; five members County Auditors, three County Administrative Officers, and two members of a county Board of Supervisors. According to the Controller's Office, there are eight counties in which the "County Auditor" has a different title.
To ensure that all counties may be eligible for the CCAP, this bill specifies that five members of the CCAP may be county auditors or county officers in equivalent positions.
- Sexual Harassment Prevention Training Consultations. Current law requires local agency officials, under specified circumstances, to receive sexual harassment prevention training and education. Officials must receive at least two hours of this training within the first six months of taking office or commencing employment, and every two years thereafter. For those entities that develop curricula to satisfy the training requirements, the local agency is required to consult with the city attorney or county counsel to determine that the curricula is sufficient and accurate.
Within this code section, local agencies are defined as a city, county, city and county, charter city, charter county, charter city and county, or special district. The language that requires a local agency to consult with the city attorney or county counsel does not allow local agencies, such as special districts, to consult with their agency’s own legal counsel.
This bill replaces the requirement for consultation with "the city attorney or county counsel" with "legal counsel for the entity," in order to allow local agencies to consult with their agency’s legal counsel.
- Local Appointment List. Existing law requires the Local Appointments List (LAL) to be made available to members of the public. The LAL is a list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of a local agency. In order to make the LAL public, current law requires a legislative body to designate a public library with the largest service population within their jurisdiction to receive a copy of the list. This list, which is also maintained by the city or county clerk's office, must be kept up-to-date, and include notices of unscheduled vacancies of local appointments. However, maintaining a physical copy of the list, instead of posting it online, may limit accessibility for those who are unable to visit the library to view the list.
This bill allows a local agency to either post a copy of the LAL online or continue posting the physical copy at the designated public library.
- Community Service District Emergency Contracting. In 2005, California had 317 Community Service Districts (CSD). All of these CSDs are governed by a Principal Act, which outlines the basic functions and responsibilities of these districts. SB 135 (Kehoe), Chapter 249, Statutes of 2005, updated the law to reflect fifty years of amendments passed by the Legislature of the CSD Principal Act. However, SB 135’s updates did not update the cross-reference to the section of code which outlines emergency contracting procedures for CSDs. This bill updates those cross-referenced sections of the code.
- North Fork Kings Groundwater Sustainability Agency. The North Fork Kings Groundwater Sustainability Agency (Agency) was created by SB 564 (Cannella), Chapter 392, Statutes of 2016. The Agency is responsible for the management of groundwater for the north-central portion of the Kings River in Fresno and Kings Counties. In addition to outlining the Agency’s boundaries and responsibilities, SB 564 defines the Agency's seven-member board of directors. Board members are selected by multiple governing bodies related to water, such as special districts. Of these members, six must be a resident or landowner within the territory of the agencies who select the member; the seventh must be a member of the governing boards of specific districts.
This bill seeks to correct two drafting errors from SB 564. First, the Riverdale Irrigation District is mistakenly identified as the "Riverdale Irrigation Company." Second, while six of the members of the board are required to be a resident or landowner within the territory of the agency who chooses the member, the paragraph specifying the seventh member of the board omitted the resident or landowner requirement. This bill corrects the name of the District and the selection criteria for the seventh board member.
- Sacramento Area Flood Control Agency Property Acquisition. According to the Sacramento Area Flood Control Agency (SAFCA), SAFCA was created in 1989 to address the Sacramento area's vulnerability to catastrophic flooding. The formation of SAFCA was in response to a flood in 1986 which put Folsom Dam under strain and put several levees at risk of collapse. SAFCA works with agencies on flood control projects. For one of its most recent projects, which was authorized by the federal government to double the width of the Sacramento Weir and Yolo Bypass, it needs to obtain a fee title for an abandoned landfill in the project area. Currently, SAFCA has the authorization to acquire rights of way and easements; however, the law does not explicitly state their ability to acquire fee titles. This bill allows SAFCA to acquire any interests in real property.
- Changes the Vallejo Sanitation and Flood Control District’s name to the Vallejo Flood and Wastewater District, beginning January 1, 2018, and makes corresponding changes to the District's name throughout the District's Act.
- Author's Statement. According to the author, "SB 205 compiles, into a single bill, noncontroversial statutory changes to eight parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee's measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee's bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it's not consensus, it’s not omnibus."
Analysis Prepared by: Kim Kollwitz / L. GOV. / (916) 319-3958 FN: 0001440
SENATE THIRD READING
STR Bill Id:SB 205
Author:(Committee on Governance and Finance)
As Amended Ver:June 20, 2017
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Local Government | 9-0 | Aguiar-Curry, Waldron, Bloom, Caballero, Gonzalez Fletcher, Grayson, Lackey, Ridley-Thomas, Voepel | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Quirk, Chau, Eggman, Fong, Friedman, Eduardo Garcia, McCarty, Muratsuchi, Obernolte, Reyes |
SUMMARY: Enacts the Local Government Omnibus Bill of 2017, which proposes a number of non-controversial changes to existing laws governing the powers and duties of local agencies. Specifically, this bill:
- Makes a number of minor, non-controversial changes to existing law.
- Finds and declares that the Legislature desires to control its own costs by reducing the number of separate measures. Therefore it is the intent of the Legislature to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
- Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts shall be made, pursuant to current laws governing state mandated local costs.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Negligible fiscal impact to state agencies.
- Although this bill contains a state mandate regarding the property tax postponement process, it is unlikely a county would submit a claim. The bill improves that process which will likely reduce counties' costs.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2017, which includes the following provisions:
- Property Tax Postponement. The Senior Citizens and Disabled Citizens Property Tax Postponement Law (PTP) authorizes the State Controller (Controller) to make payments directly to a county tax collector for the property taxes owed on behalf of a qualified claimant. Qualified claimants include individuals who are 62 years of age or older, blind, or disabled, and make an annual household income of $35,500 or less. In order to finance the property tax payments that the state makes on behalf of the qualified claimant, the Controller records a lien against the claimant's property. The claimant's debt is satisfied when the state is reimbursed with interest; this happens either when the property is sold or refinanced.
With the passage of SB 8 X3 (Ducheny), Chapter 4, Statutes of 2009, PTP was effectively suspended by the Legislature during State's budget crisis. The program was later revived with AB 2231 (Gordon), Chapter 703, Statutes of 2014, with stricter eligibility criteria and other specified requirements.
- Lien Copies. Currently, when a lien is recorded for the program, the Controller records it in the county where the claimant lives. Existing law requires the county recorder to send a copy of the lien to the tax collector. This bill instead requires the Controller to send a copy of the lien to the tax collector, as well as the county assessor.
- Payment Form. Currently, the Controller is required to make the property tax payments for PTP to the tax collector by an electronic funds transfer. However, not all counties accept electronic payments. This bill removes the specific requirement for electronic funds and gives the Controller the option to make the payments in other forms, such as physical payments.
- Lien Repayment. When repayments are made on the lien for PTP by the claimant, the Controller decreases the lien on the property. This bill clarifies the order in which the repayments shall be applied to the total lien in the following order: First, repayments will be applied to any interest on the loan. Second, repayments will be applied to the principal property tax amount. Third, the remaining balance, if any, shall go to administrative fees.
- Refund of Duplicate Payments. When claimants apply for PTP, sometimes their applications take time to process. Claimants are instructed to continue making payments to pay their property taxes until their application is approved. Due to the delay in the application process, there may be overlap in payments because the Controller may make a payment while the claimant is still making payments.
Current law authorizes the tax collector to refund the duplicate payment to the Controller, but the Controller does not have the authority to transfer this duplicate money back to the claimant. This means that some approved claimants do not benefit from the PTP, because they are not refunded their duplicate property tax payment. This bill specifies that the refunded duplicate payments should be refunded to the claimant of the program, not the Controller.
- PTP Income: Losses and Non-Expenses. The Controller uses a set of adjusted gross income criteria to determine whether or not someone is eligible for the PTP. Under existing law, this criteria includes considerations to other sources of income that a person receives, such as public assistance and relief, Social Security benefits (except Medicare), unemployment insurance payments, and others. The section details that all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the PTP requirement. This section is also used in subsequent chapters, but is missing a cross-reference to those additional sections. This bill adds those cross-references.
- Property Assessed Clean Energy Loans. The Property Assessed Clean Energy (PACE) program is a financing tool that property owners can use to pay for renewable energy upgrades, energy or water efficiency retrofits, or electric vehicle charging stations for their homes or buildings. Local agencies create PACE assessment districts or establish a community facilities district (CFD), allowing a local agency to issue bonds to finance the up-front costs of efficiency improvements. In turn, property owners repay the bonds by entering into a voluntary contractual assessment or voluntary special tax on their property, secured by a priority lien on their property tax bill.
The PTP program requires that the Controller make payments directly to a county tax collector for the property taxes owed on behalf of a claimant. According to the Controller, residential dwellings participating in PACE are not eligible for PTP. This bill specifies that homes with PACE assessments are not eligible for the PTP.
- Technical Changes. This bill makes several technical changes to the statutes which govern PTP. These technical changes correct cross-references between code sections, delete obsolete references, and makes several changes to grammar, punctuation, and style.
- Elected Official Oaths of Office. Pursuant to the Elections Code, a person filing for candidacy in a primary, general, or final election must take an oath of office. Additionally, pursuant to the Government Code, public officers and elected officials are also required to take the oath of office before assuming their role. However, current law is unclear as to whether or not an elected official must take the oath of office when they file as a candidate for election and before they assume office, or if only taking the oath, required by the Elections Code, when filing as a candidate is sufficient to meet the Government Code requirement.
This uncertainty in the requirements has led counties interpret the code differently, with some counties only requiring one oath, and others requiring the same oath at two separate times for an elected official. This bill specifies that public officers and elected officials must take the oath of office following any election or appointment.
- Castle Air Force Base Lease. With the closure of Castle Air Force Base in 1995, Merced County acquired the former base's land from the federal government. Some years later, AB 121 (Dickinson), Chapter 224, Statutes of 2013, Merced County to sell that land after a four-fifths vote of the Board of Supervisors, among other specified requirements for the sale. Similarly, AB 121 also authorized the Sacramento County Board of Supervisors to sell, enter into a lease, concession, or managerial contract for land acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base.
According to Merced County, when AB 121 was drafted, the Board of Supervisors was only interested authorization to sell the land. However, changing board membership, Sacramento County’s success from leasing their former base lands, and the potential for economic development has encouraged Merced County to revisit their current authority. This bill expands Merced County's authority over the former Castle Air Force Base lands to include an authorization to enter into a lease, concession, or managerial contract. This bill’s language mirrors the language used by Sacramento County in AB 121.
- County Auditors and Equivalents. The Controller is required to prescribe uniform accounting procedures to counties. Before these procedures are finalized, the Committee on County Accounting Procedures (CCAP) must approve of them. By law, the CCAP must consist of 10 members appointed by the Controller; five members County Auditors, three County Administrative Officers, and two members of a county Board of Supervisors. According to the Controller's Office, there are eight counties in which the "County Auditor" has a different title.
To ensure that all counties may be eligible for the CCAP, this bill specifies that five members of the CCAP may be county auditors or county officers in equivalent positions.
- Sexual Harassment Prevention Training Consultations. Current law requires local agency officials, under specified circumstances, to receive sexual harassment prevention training and education. Officials must receive at least two hours of this training within the first six months of taking office or commencing employment, and every two years thereafter. For those entities that develop curricula to satisfy the training requirements, the local agency is required to consult with the city attorney or county counsel to determine that the curricula is sufficient and accurate.
Within this code section, local agencies are defined as a city, county, city and county, charter city, charter county, charter city and county, or special district. The language that requires a local agency to consult with the city attorney or county counsel does not allow local agencies, such as special districts, to consult with their agency's own legal counsel.
This bill replaces the requirement for consultation with "the city attorney or county counsel" with "legal counsel for the entity," in order to allow local agencies to consult with their agency’s legal counsel.
- Local Appointment List. Existing law requires the Local Appointments List (LAL) to be made available to members of the public. The LAL is a list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of a local agency. In order to make the LAL public, current law requires a legislative body to designate a public library with the largest service population within their jurisdiction to receive a copy of the list. This list, which is also maintained by the city or county clerk's office, must be kept up-to-date, and include notices of unscheduled vacancies of local appointments. However, maintaining a physical copy of the list, instead of posting it online, may limit accessibility for those who are unable to visit the library to view the list.
This bill allows a local agency to either post a copy of the LAL online or continue posting the physical copy at the designated public library.
- Community Service District Emergency Contracting. In 2005, California had 317 Community Service Districts (CSD). All of these CSDs are governed by a Principal Act, which outlines the basic functions and responsibilities of these districts. SB 135 (Kehoe), Chapter 249, Statutes of 2005, updated the law to reflect fifty years of amendments passed by the Legislature of the CSD Principal Act. However, SB 135's updates did not update the cross-reference to the section of code which outlines emergency contracting procedures for CSDs. This bill updates those cross-referenced sections of the code.
- North Fork Kings Groundwater Sustainability Agency. The North Fork Kings Groundwater Sustainability Agency (Agency) was created by SB 564 (Cannella), Chapter 392, Statutes of 2016. The Agency is responsible for the management of groundwater for the north-central portion of the Kings River in Fresno and Kings Counties. In addition to outlining the Agency's boundaries and responsibilities, SB 564 defines the Agency's seven-member board of directors. Board members are selected by multiple governing bodies related to water, such as special districts. Of these members, six must be a resident or landowner within the territory of the agencies who select the member; the seventh must be a member of the governing boards of specific districts.
This bill seeks to correct two drafting errors from SB 564. First, the Riverdale Irrigation District is mistakenly identified as the "Riverdale Irrigation Company." Second, while six of the members of the board are required to be a resident or landowner within the territory of the agency who chooses the member, the paragraph specifying the seventh member of the board omitted the resident or landowner requirement. This bill corrects the name of the District and the selection criteria for the seventh board member.
- Sacramento Area Flood Control Agency Property Acquisition. According to the Sacramento Area Flood Control Agency (SAFCA), SAFCA was created in 1989 to address the Sacramento area's vulnerability to catastrophic flooding. The formation of SAFCA was in response to a flood in 1986 which put Folsom Dam under strain and put several levees at risk of collapse. SAFCA works with agencies on flood control projects. For one of its most recent projects, which was authorized by the federal government to double the width of the Sacramento Weir and Yolo Bypass, it needs to obtain a fee title for an abandoned landfill in the project area. Currently, SAFCA has the authorization to acquire rights of way and easements; however, the law does not explicitly state their ability to acquire fee titles. This bill allows SAFCA to acquire any interests in real property.
- Author's Statement. According to the author, "SB 205 compiles, into a single bill, noncontroversial statutory changes to eight parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee's measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee's bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it's not consensus, it’s not omnibus."
Analysis Prepared by: Kim Kollwitz / L. GOV. / (916) 319-3958 FN: 0001245
Date of Hearing: July 19, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 205
Author:(Committee on Governance and Finance) – As Amended Ver:June 20, 2017
Policy Committee: | Local Government | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill enacts the Local Government Omnibus Bill of 2017, which proposes a number of non-controversial changes to nine areas of existing law governing the powers and duties of local agencies. Specifically, this bill affects the following topics:
1) Property tax postponement; 2) elected official oaths of office; 3) Castle Air Force Base lease; 4) county auditors and equivalents; 5) sexual harassment prevention training consultations; 6) local appointment list; 7) community service district emergency contracting; 8) North Fork Kings Groundwater Sustainability Agency; and 9) Sacramento Area Flood Control Agency property acquisition.
FISCAL EFFECT:
- Negligible fiscal impact to state agencies.
- Although this bill contains a state mandate regarding the property tax postponement process, it is unlikely a county would submit a claim. The bill improves that process which will likely reduce counties' costs.
COMMENTS:
Purpose and Background. According to the author, “SB 205 compiles, into a single bill, noncontroversial statutory changes to nine parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee’s measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.”
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2017
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
SBPCA Bill Id:SB 205
Author:(Committee on Governance and Finance) – As Amended Ver:June 20, 2017
SENATE VOTE: 39-0
SUBJECT: Local Government Omnibus Act of 2017
SUMMARY: Enacts the Local Government Omnibus Bill of 2017, which proposes a number of non-controversial changes to existing laws governing the powers and duties of local agencies. Specifically, this bill:
- Makes a number of minor, non-controversial changes to existing law.
- Finds and declares that the Legislature desires to control its own costs by reducing the number of separate measures. Therefore it is the intent of the Legislature to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
- Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts shall be made, pursuant to current laws governing state mandated local costs.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2017, which includes the following provisions:
- Property Tax Postponement. The Senior Citizens and Disabled Citizens Property Tax Postponement Law (PTP) authorizes the State Controller (Controller) to make payments directly to a county tax collector for the property taxes owed on behalf of a qualified claimant. Qualified claimants include individuals who are 62 years of age or older, blind, or disabled, and make an annual household income of $35,500 or less. In order to finance the property tax payments that the state makes on behalf of the qualified claimant, the Controller records a lien against the claimant’s property. The claimant’s debt is satisfied when the state is reimbursed with interest; this happens either when the property is sold or refinanced.
With the passage of SBX3-8 (Ducheny), Chapter 4, Statutes of 2009, PTP was effectively suspended by the Legislature during State’s budget crisis. The program was later revived with AB 2231 (Gordon), Chapter 703, Statutes of 2014, with stricter eligibility criteria and other specified requirements.
- Lien Copies. Currently, when a lien is recorded for the program, the Controller records it in the county where the claimant lives. Existing law requires the county recorder to send a copy of the lien to the tax collector. This bill instead requires the Controller to send a copy of the lien to the tax collector, as well as the county assessor.
- Payment Form. Currently, the Controller is required to make the property tax payments for PTP to the tax collector by an electronic funds transfer. However, not all counties accept electronic payments. This bill removes the specific requirement for electronic funds and gives the Controller the option to make the payments in other forms, such as physical payments.
- Lien Repayment. When repayments are made on the lien for PTP by the claimant, the Controller decreases the lien on the property. This bill clarifies the order in which the repayments shall be applied to the total lien in the following order: First, repayments will be applied to any interest on the loan. Second, repayments will be applied to the principal property tax amount. Third, the remaining balance, if any, shall go to administrative fees.
- Refund of Duplicate Payments. When claimants apply for PTP, sometimes their applications take time to process. Claimants are instructed to continue making payments to pay their property taxes until their application is approved. Due to the delay in the application process, there may be overlap in payments because the Controller may make a payment while the claimant is still making payments.
Current law authorizes the tax collector to refund the duplicate payment to the Controller, but the Controller does not have the authority to transfer this duplicate money back to the claimant. This means that some approved claimants do not benefit from the PTP, because they are not refunded their duplicate property tax payment. This bill specifies that the refunded duplicate payments should be refunded to the claimant of the program, not the Controller.
- PTP Income: Losses and Non-Expenses. The Controller uses a set of adjusted gross income criteria to determine whether or not someone is eligible for the PTP. Under existing law, this criteria includes considerations to other sources of income that a person receives, such as public assistance and relief, Social Security benefits (except Medicare), unemployment insurance payments, and others. The section details that all losses and nonexpenses shall be converted to zero for the purpose of determining whether the homeowner meets the PTP requirement. This section is also used in subsequent chapters, but is missing a cross-reference to those additional sections. This bill adds those cross-references.
- Property Assessed Clean Energy Loans. The Property Assessed Clean Energy (PACE) program is a financing tool that property owners can use to pay for renewable energy upgrades, energy or water efficiency retrofits, or electric vehicle charging stations for their homes or buildings. Local agencies create PACE assessment districts or establish a community facilities district (CFD), allowing a local agency to issue bonds to finance the up-front costs of efficiency improvements. In turn, property owners repay the bonds by entering into a voluntary contractual assessment or voluntary special tax on their property, secured by a priority lien on their property tax bill.
The PTP program requires that the Controller make payments directly to a county tax collector for the property taxes owed on behalf of a claimant. According to the Controller, residential dwellings participating in PACE are not eligible for PTP. This bill specifies that homes with PACE assessments are not eligible for the PTP.
- Technical Changes. This bill makes several technical changes to the statutes which govern PTP. These technical changes correct cross-references between code sections, delete obsolete references, and makes several changes to grammar, punctuation, and style.
- Elected Official Oaths of Office. Pursuant to the Elections Code, a person filing for candidacy in a primary, general, or final election must take an oath of office. Additionally, pursuant to the Government Code, public officers and elected officials are also required to take the oath of office before assuming their role. However, current law is unclear as to whether or not an elected official must take the oath of office when they file as a candidate for election and before they assume office, or if only taking the oath, required by the Elections Code, when filing as a candidate is sufficient to meet the Government Code requirement.
This uncertainty in the requirements has led counties interpret the code differently, with some counties only requiring one oath, and others requiring the same oath at two separate times for an elected official. This bill specifies that public officers and elected officials must take the oath of office following any election or appointment.
- Castle Air Force Base Lease. With the closure of Castle Air Force Base in 1995, Merced County acquired the former base’s land from the federal government. Some years later, AB 121 (Dickinson), Chapter 224, Statutes of 2013, Merced County to sell that land after a four-fifths vote of the Board of Supervisors, among other specified requirements for the sale. Similarly, AB 121 also authorized the Sacramento County Board of Supervisors to sell, enter into a lease, concession, or managerial contract for land acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base.
According to Merced County, when AB 121 was drafted, the Board of Supervisors was only interested authorization to sell the land. However, changing board membership, Sacramento County’s success from leasing their former base lands, and the potential for economic development has encouraged Merced County to revisit their current authority. This bill expands Merced County’s authority over the former Castle Air Force Base lands to include an authorization to enter into a lease, concession, or managerial contract. This bill’s language mirrors the language used by Sacramento County in AB 121.
- County Auditors and Equivalents. The Controller is required to prescribe uniform accounting procedures to counties. Before these procedures are finalized, the Committee on County Accounting Procedures (CCAP) must approve of them. By law, the CCAP must consist of 10 members appointed by the Controller; five members County Auditors, three County Administrative Officers, and two members of a county Board of Supervisors. According to the Controller’s Office, there are eight counties in which the “County Auditor” has a different title.
To ensure that all counties may be eligible for the CCAP, this bill specifies that five members of the CCAP may be county auditors or county officers in equivalent positions.
- Sexual Harassment Prevention Training Consultations. Current law requires local agency officials, under specified circumstances, to receive sexual harassment prevention training and education. Officials must receive at least two hours of this training within the first six months of taking office or commencing employment, and every two years thereafter. For those entities that develop curricula to satisfy the training requirements, the local agency is required to consult with the city attorney or county counsel to determine that the curricula is sufficient and accurate.
Within this code section, local agencies are defined as a city, county, city and county, charter city, charter county, charter city and county, or special district. The language that requires a local agency to consult with the city attorney or county counsel does not allow local agencies, such as special districts, to consult with their agency’s own legal counsel.
This bill replaces the requirement for consultation with “the city attorney or county counsel” with “legal counsel for the entity,” in order to allow local agencies to consult with their agency’s legal counsel.
- Local Appointment List. Existing law requires the Local Appointments List (LAL) to be made available to members of the public. The LAL is a list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of a local agency. In order to make the LAL public, current law requires a legislative body to designate a public library with the largest service population within their jurisdiction to receive a copy of the list. This list, which is also maintained by the city or county clerk’s office, must be kept up-to-date, and include notices of unscheduled vacancies of local appointments. However, maintaining a physical copy of the list, instead of posting it online, may limit accessibility for those who are unable to visit the library to view the list.
This bill allows a local agency to either post a copy of the LAL online or continue posting the physical copy at the designated public library.
- Community Service District Emergency Contracting. In 2005, California had 317 Community Service Districts (CSD). All of these CSDs are governed by a Principal Act, which outlines the basic functions and responsibilities of these districts. SB 135 (Kehoe), Chapter 249, Statutes of 2005, updated the law to reflect fifty years of amendments passed by the Legislature of the CSD Principal Act. However, SB 135’s updates did not update the cross-reference to the section of code which outlines emergency contracting procedures for CSDs. This bill updates those cross-referenced sections of the code.
- North Fork Kings Groundwater Sustainability Agency. The North Fork Kings Groundwater Sustainability Agency (Agency) was created by SB 564 (Cannella), Chapter 392, Statutes of 2016. The Agency is responsible for the management of groundwater for the north-central portion of the Kings River in Fresno and Kings Counties. In addition to outlining the Agency’s boundaries and responsibilities, SB 564 defines the Agency’s seven-member board of directors. Board members are selected by multiple governing bodies related to water, such as special districts. Of these members, six must be a resident or landowner within the territory of the agencies who select the member; the seventh must be a member of the governing boards of specific districts.
This bill seeks to correct two drafting errors from SB 564. First, the Riverdale Irrigation District is mistakenly identified as the “Riverdale Irrigation Company.” Second, while six of the members of the board are required to be a resident or landowner within the territory of the agency who chooses the member, the paragraph specifying the seventh member of the board omitted the resident or landowner requirement. This bill corrects the name of the District and the selection criteria for the seventh board member.
- Sacramento Area Flood Control Agency Property Acquisition. According to the Sacramento Area Flood Control Agency (SAFCA), SAFCA was created in 1989 to address the Sacramento area’s vulnerability to catastrophic flooding. The formation of SAFCA was in response to a flood in 1986 which put Folsom Dam under strain and put several levees at risk of collapse. SAFCA works with agencies on flood control projects. For one of its most recent projects, which was authorized by the federal government to double the width of the Sacramento Weir and Yolo Bypass, it needs to obtain a fee title for an abandoned landfill in the project area. Currently, SAFCA has the authorization to acquire rights of way and easements; however, the law does not explicitly state their ability to acquire fee titles. This bill allows SAFCA to acquire any interests in real property.
- Author’s Statement. According to the author, “SB 205 compiles, into a single bill, noncontroversial statutory changes to eight parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee’s measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Clerks and Election Officials Elections Legislative Committee
California State Association of Counties
California Special Districts Association
Dublin San Ramon Services District
Fresno County Board of Supervisors
Merced County
North Fork Kings Groundwater Sustainability Agency
Orange County Board of Supervisors
Sacramento Area Flood Control Agency
San Benito County Board of Supervisors
Opposition
None on file
Analysis Prepared by: Kim Kollwitz / L. GOV. / (916) 319-3958
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 205 |
CONSENT
Bill No: SB 205
Author: Committee on Governance and Finance
Amended: 3/23/17
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 3/29/17
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
SUBJECT: Local Government Omnibus Act of 2017
DIGEST: This bill proposes several non-controversial changes to state laws governing local governments’ powers and duties.
ANALYSIS: Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2016, for example, the local government omnibus bill was SB 974 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
This bill, the “Local Government Omnibus Act of 2017,” proposes the following changes to the state laws affecting local agencies’ powers and duties:
- Elected official oaths of office. Current law requires candidates for elected office to take the oath of office prescribed by Article XX, Section 3 of the California Constitution at the time they file their candidacy for a primary, general, or final election (Elections Code §200). Article XX, Section 3 of the California Constitution and Government Code §1360 also require all public officers and employees to take the oath of office before entering the duties of their office. The law is not clear whether an elected official is required to take the Oath of Office after the election or if the Oath of Office subscribed to at the time the candidacy papers are taken out or filed satisfies the Constitutional Oath requirement. This ambiguity has caused counties to interpret the law differently. The Registrar of Voters for the County of Fresno notes that lawsuit(s) have been threatened in at least one county (Fresno County) regarding whether failure to take the Constitutional oath of office following the election rendered elected board members’ actions subsequent to the election void. Additionally, this ambiguity has caused some elected officials to question why they must take the same oath of office they subscribed to when filing their candidacy papers. To clarify when an oath of office is required, SB 205 requires public officers to take an oath of office following election or appointment. [See SEC. 2 of the bill.]
- Leasing of Castle Air Force Base. AB 121 (Dickinson, Chapter 224, Statutes of 2013) allows the County of Sacramento to sell, or enter into a lease, concession, or managerial contract, parcels it has acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.8). AB 121 also allows the County of Merced to sell parcels that it has acquired from the federal government due to the closure of Castle Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.9). The County of Merced notes that when the inclusion of the County of Merced in AB 121 was initially considered, the Merced board of supervisors only wanted sale authority. Due to changes on the Merced board of supervisors, along with potential new economic development opportunity, the County wants to return to this issue and expand their authority to mirror what Sacramento County achieved – to authorize leases at the closed air base. To grant the County of Merced this authority, this bill inserts provisions allowing the lease of Castle Air Force Base lands identical to the authority currently provided to the County of Sacramento. [See SEC. 3 of the bill.]
- County Financial Officers and Equivalents. Current law directs the State Controller to adopt uniform accounting procedures that counties must use, after approval by the Committee on County Accounting Procedures (CCAP). The CCAP must include five County Auditors, three County Administrative Officers, and two members of county Boards of Supervisors. The State Controller’s Office notes that in eight counties the “County Auditor” has a different title, which could limit the pool of potential candidates that would otherwise be qualified for the County Auditor seats. In order to ensure that no county is excluded from consideration for serving on the Committee, this bill allows county chief financial officers, county directors of finance, or their equivalent county officers to be eligible for the seats currently limited to County Auditors. [See SEC. 4 of the bill.]
- Sexual Harassment Prevention Training Consultations. AB 1661 (McCarty, Chapter 816, Statutes of 2016) generally requires officials of local agencies (including counties, cities, and special districts) to receive sexual harassment prevention training within six months of taking office and every two years thereafter. An entity that develops curricula to comply with this requirement must consult with the city attorney or county counsel to ensure that the proposed content is accurate and sufficient. The California Special Districts Association notes that because AB 1661 only allows entities to consult with a city attorney or county counsel, it prevents other entities that are subject to the requirement (such as special districts or joint powers authorities) from consulting with their own legal advisors on the sufficiency and accuracy of their training courses. To allow other entities to consult their own counsels, this bill replaces “city attorney or county counsel” with “entity counsel.” [See SEC. 5 of the bill.]
- Posting of Local Appointment List. Current law requires the legislative body of each city and county to annually prepare a Local Appointments List that contains a list of: (a) regular and ongoing boards, commissions, and committees that it appoints; (b) appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (c) boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The Local Appointments List must be made available to the public at a designated public library, and notices of unscheduled vacancies within appointed bodies must be posted in the city or county clerk’s office and the designated library. The Orange County Board of Supervisors notes that maintaining a current Local Appointments List at the designated library can be costly for local agencies and less accessible to the public than if the list were available online. This bill allows a local agency legislative body to post the list and unscheduled vacancy notices on its Web site instead of at a designated library. [See SEC. 6 and 7 of the bill.]
- Community Service District Contracting. SB 135 (Kehoe, Chapter 249, Statutes of 2005) reorganized, rationalized, and streamlined the statutes governing Community Service Districts (CSDs). Among other things, SB 135 amended and renumbered the provisions that establish procedures for public works contracting by CSDs. The Dublin San Ramon Services District notes that when SB 135 updated these provisions, it did not update the cross-reference to other sections of the Public Contract Code that detail emergency contracting procedures for CSDs. This bill corrects that cross-reference. [See SEC. 8 of the bill.]
- North Fork Kings Groundwater Sustainability Agency Act Cleanup. SB 564 (Cannella, Chapter 392, Statutes of 2016), the North Fork Kings Groundwater Sustainability Agency Act, created the North Fork Kings Groundwater Sustainability Agency to oversee groundwater management efforts for a portion of the Kings River region in Fresno and Kings Counties. Among other provisions, the Act prescribes the composition of the agency’s seven-member board of directors. Each member of the board is chosen by multiple entities collectively with water management responsibilities within the agency’s territory, and six of the seven board members must be a resident or landowner within the territory of the district; the seventh must be a member of the governing boards of the Liberty Water District and the Liberty Canal Company. The North Fork Kings Groundwater Sustainability Agency notes that two drafting errors resulted in the misspecification of the agency’s board. This bill (a) corrects the name of the Riverdale Irrigation District, and (b) requires all members of the board to be a resident or landowner within the agency’s territory. [See SEC. 9 of the bill.]
- SAFCA Property Acquisition. The Sacramento Area Flood Control Agency (SAFCA) was formed in 1989—initially as a Joint Exercise of Powers Agreement that was subsequently codified by Chapter 510, Statutes of 1990—to address the Sacramento area's vulnerability to flooding. SAFCA partners with the Department of Water Resources and the United States Army Corps of Engineers to construct, operate, and maintain flood control projects. In December 2016, Congress authorized a doubling of width of the Sacramento Weir and Yolo Bypass. As the local sponsor of these improvements, SAFCA must acquire in fee title an abandoned landfill that sits in the path of the proposed expansion. SAFCA notes that under current law, a “project” is defined as including, but not limited to, acquisition of rights-of-way and easements for flood control facilities, but does not explicitly include fee title interests in property. This bill allows SAFCA to acquire any real interests in property for a flood control project. [See SEC. 10 of the bill.]
Comments
SB 205 compiles, into a single bill, noncontroversial statutory changes to eight parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee’s measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 205 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Controller Betty Yee
California Association of Clerks and Elections Officials
California Special Districts Association
California State Association of Counties
County of Fresno
County of Merced
County of San Benito
Dublin San Ramon Services District
Sacramento Area Flood Control Agency
OPPOSITION: (Verified 3/30/17)
None received
Prepared by: Anton Favorini-Csorba / GOV. & F. /
3/30/17 15:34:03
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Mike McGuire, Chair
2017 - 2018 Regular
Bill No: | SB 205 | Hearing Date: | 3/29/17 |
Author: | Committee on Governance and Finance | Tax Levy: | No |
Version: | 3/23/17 Amended | Fiscal: | No |
Consultant: | Favorini-Csorba | ||
Local Government Omnibus Act of 2017
Proposes several changes to state laws governing local governments’ powers and duties.
Background
Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2016, for example, the local government omnibus bill was SB 974 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
Proposed Law
Senate Bill 205, the “Local Government Omnibus Act of 2017,” proposes the following changes to the state laws affecting local agencies’ powers and duties:
Elected official oaths of office. Current law requires candidates for elected office to take the oath of office prescribed by Article XX, Section 3 of the California Constitution at the time they file their candidacy for a primary, general, or final election (Elections Code §200). Article XX, Section 3 of the California Constitution and Government Code §1360 also require all public officers and employees to take the oath of office before entering the duties of their office. The law is not clear whether an elected official is required to take the Oath of Office after the election or if the Oath of Office subscribed to at the time the candidacy papers are taken out or filed satisfies the Constitutional Oath requirement. This ambiguity has caused counties to interpret the law differently. The Registrar of Voters for the County of Fresno notes that lawsuit(s) have been threatened in at least one county (Fresno County) regarding whether failure to take the Constitutional oath of office following the election rendered elected board members’ actions subsequent to the election void. Additionally, this ambiguity has caused some elected officials to question why they must take the same oath of office they subscribed to when filing their candidacy papers. To clarify when an oath of office is required, Senate Bill 205 requires public officers to take an oath of office following election or appointment. [See SEC. 2 of the bill.]
Leasing of Castle Air Force Base. AB 121 (Dickinson, 2013) allows the County of Sacramento to sell, or enter into a lease, concession, or managerial contract, parcels it has acquired from the federal government due to the closure of Mather Air Force Base and McClellan Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.8). AB 121 also allows the County of Merced to sell parcels that it has acquired from the federal government due to the closure of Castle Air Force Base with a four-fifths vote of the board of supervisors, upon issuing public notice and meeting other specified conditions (Government Code §25536.9). The County of Merced notes that when the inclusion of the County of Merced in AB 121 was initially considered, the Merced board of supervisors only wanted sale authority. Due to changes on the Merced board of supervisors, along with potential new economic development opportunity, the County wants to return to this issue and expand their authority to mirror what Sacramento County achieved – to authorize leases at the closed air base. To grant the County of Merced this authority, Senate Bill 205 inserts provisions allowing the lease of Castle Air Force Base lands identical to the authority currently provided to the County of Sacramento. [See SEC. 3 of the proposed bill.]
County Financial Officers and Equivalents. Current law directs the State Controller to adopt uniform accounting procedures that counties must use, after approval by the Committee on County Accounting Procedures (CCAP). The CCAP must include five County Auditors, three County Administrative Officers, and two members of county Boards of Supervisors. The State Controller’s Office notes that in eight counties the “County Auditor” has a different title, which could limit the pool of potential candidates that would otherwise be qualified for the County Auditor seats. In order to ensure that no county is excluded from consideration for serving on the Committee, Senate Bill 205 allows county chief financial officers, county directors of finance, or their equivalent county officers to be eligible for the seats currently limited to County Auditors. [See SEC. 4 of the bill.]
Sexual Harassment Prevention Training Consultations. AB 1661 (McCarty, 2016) generally requires officials of local agencies (including counties, cities, and special districts) to receive sexual harassment prevention training within six months of taking office and every two years thereafter. An entity that develops curricula to comply with this requirement must consult with the city attorney or county counsel to ensure that the proposed content is accurate and sufficient. The California Special Districts Association notes that because AB 1661 only allows entities to consult with a city attorney or county counsel, it prevents other entities that are subject to the requirement (such as special districts or joint powers authorities) from consulting with their own legal advisors on the sufficiency and accuracy of their training courses. To allow other entities to consult their own counsels, Senate Bill 205 replaces “city attorney or county counsel” with “entity counsel.” [See SEC. 5 of the bill.]
Posting of Local Appointment List. Current law requires the legislative body of each city and county to annually prepare a Local Appointments List that contains a list of: (1) regular and ongoing boards, commissions, and committees that it appoints; (2) appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (3) boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The Local Appointments List must be made available to the public at a designated public library, and notices of unscheduled vacancies within appointed bodies must be posted in the city or county clerk’s office and the designated library. The Orange County Board of Supervisors notes that maintaining a current Local Appointments List at the designated library can be costly for local agencies and less accessible to the public than if the list were available online. Senate Bill 205 allows a local agency legislative body to post the list and unscheduled vacancy notices on its website instead of at a designated library. [See SEC. 6 and 7 of the bill.]
Community Service District Contracting. SB 135 (Kehoe, 2005) reorganized, rationalized, and streamlined the statutes governing Community Service Districts (CSDs). Among other things, SB 135 amended and renumbered the provisions that establish procedures for public works contracting by CSDs. The Dublin San Ramon Services District notes that when SB 135 updated these provisions, it did not update the cross-reference to other sections of the Public Contract Code that detail emergency contracting procedures for CSDs. Senate Bill 205 corrects that cross-reference. [See SEC. 8 of the bill.]
North Fork Kings Groundwater Sustainability Agency Act Cleanup. SB 564 (Cannella, 2016), the North Fork Kings Groundwater Sustainability Agency Act, created the North Fork Kings Groundwater Sustainability Agency to oversee groundwater management efforts for a portion of the Kings River region in Fresno and Kings Counties. Among other provisions, the Act prescribes the composition of the agency’s seven-member board of directors. Each member of the board is chosen by multiple entities collectively with water management responsibilities within the agency’s territory, and six of the seven board members must be a resident or landowner within the territory of the district; the seventh must be a member of the governing boards of the Liberty Water District and the Liberty Canal Company. The North Fork Kings Groundwater Sustainability Agency notes that two drafting errors resulted in the misspecification of the agency’s board. Senate Bill 205 (1) corrects the name of the Riverdale Irrigation District, and (2) requires all members of the board to be a resident or landowner within the agency’s territory. [See SEC. 9 of the bill.]
SAFCA Property Acquisition. The Sacramento Area Flood Control Agency (SAFCA) was formed in 1989—initially as a Joint Exercise of Powers Agreement that was subsequently codified by Chapter 510, Statutes of 1990—to address the Sacramento area's vulnerability to flooding. SAFCA partners with the Department of Water Resources and the United States Army Corps of Engineers to construct, operate, and maintain flood control projects. In December 2016, Congress authorized a doubling of width of the Sacramento Weir and Yolo Bypass. As the local sponsor of these improvements, SAFCA must acquire in fee title an abandoned landfill that sits in the path of the proposed expansion. SAFCA notes that under current law, a “project” is defined as including, but not limited to, acquisition of rights-of-way and easements for flood control facilities, but does not explicitly include fee title interests in property. Senate Bill 205 allows SAFCA to acquire any real interests in property for a flood control project. [See SEC. 10 of the bill.]
State Revenue Impact
No estimate.
Comments
Purpose of the bill. SB 205 compiles, into a single bill, noncontroversial statutory changes to eight parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding eight other bills, the Committee’s measure avoids more than $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
Support and Opposition
(3/23/17)
Support: California Special Districts Association; County of Merced; Dublin San Ramon Services District.
Opposition: Unknown.
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